Possibly, Depending On The Material You Can Provide
Depending on the state, you may or may not need to prove negligence on your employer’s part. For instance, Indiana is a “no-fault” state, meaning you can receive workers’ comp even if you were hurt because of your own carelessness or if your employer or coworker is not at fault.
However, you must prove that you were hurt while working. You might have more evidence than you think. Here are some questions you’ll work through with a workers’ comp lawyer:
1. Did you report your injury to your employer immediately?
2. Did you seek medical attention?
3. Can you gain video footage of the accident?
4. Were there any witnesses?
5. Was there warning signage?
6. Has this hazard been in place for a while, or did it recently appear?
You will struggle to receive compensation if you can’t gather any of the above material. Regardless of your situation, you should consider speaking with a legal professional to get your workers’ comp claim in order.
Yes, Your Medical Records Will Serve As Evidence
Yes, you can pursue a work-related injury claim even though your injuries are the only evidence of the incident. Your medical records will serve as evidence that an accident occurred and caused the injuries you are claiming. You may also need to provide testimony from witnesses who saw or heard about the incident.
The law requires employers to provide their workers with a safe working environment, and they must take reasonable steps to prevent workplace accidents. If these standards were not met in your case, you might be able to file a work-related injury claim, regardless of whether there is any physical evidence of the incident.
If your employer refuses to accept liability for your injuries, you should contact an attorney as soon as possible to help you with the legal process. An attorney can help investigate the incident and provide additional evidence to support your claim.
Yes, But You’ll Need Additional Evidence
The short answer to your question is yes, you can pursue a work-related injury claim even if the only evidence of the incident is your injuries.
However, it’s important to note that such a case can only win with additional evidence. Since there is no witness testimony or video surveillance to corroborate your story, you may need to rely on medical records and other physical evidence to prove your case.
It’s also important to remember that workers’ compensation laws vary from state to state, so make sure you are familiar with the applicable statute in your jurisdiction before pursuing a claim. I have dealt with many cases of this nature. In most states, employers must provide workers’ compensation coverage for employees who sustain work-related injuries.
Suppose you believe that the negligence of your employer or another party caused your injury. In that case, I recommend immediately seeking legal advice from an experienced attorney in your state who can review the facts of your case and advise you on the best course of action.
Possibly, But It’s Always Best To Pursue
If you believe that you are due compensation for a work-related injury, it’s always best to pursue it, even if you don’t necessarily have the evidence on your side. A record of claims against a company, even if they are denied, can help people to win future cases and eventually lead to needed changes in work practices.
It’s a good idea to consider multiple sources of evidence here. The injuries themselves can tell quite a story, especially if you have detailed photos of the injury. Testimony from co-workers can also be helpful. Even if they didn’t see the incident itself, they’ll still be able to speak to general work practices and might be able to corroborate your story.
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