If you can’t prove your injury was work-related, receiving workers’ compensation in New York will be impossible.
Simply reporting the injury right after it happens isn’t always going to be enough. Here are a few ways you can strengthen your case by providing evidence.
#1) Obtain immediate medical attention.
Some workers make the mistake of attempting to brush off the injury. Attempting to get on with your day is admirable, but it can create problems in the long run.
When you don’t get help immediately, you send the message that you weren’t hurt that badly. You also muddy the chain of events. Once you leave the workplace, it becomes harder to say whether the problem was work-related.
Remember, it sometimes takes hours for people to feel the full effects of an injury. Even a broken arm isn’t always obvious; endorphins flood the system, and it can seem like a bad bruise until you wake up 8 hours later in excruciating pain.
Go to the doctor immediately, even if you don’t go to the emergency room.
#2) Take pictures.
In one regard, a workers’ compensation case is like a personal injury case: if possible, you’ll want to take photos. Take as many as possible.
Photos show you’re on the job at the moment you’re taking the photo. They show the conditions surrounding your injury. You can also take photos of the injury itself.
Ask someone else to take photos if you don’t have your phone because your job prohibits it.
#2) Gather witness contact information.
You can’t count on everyone who saw the accident being available through work throughout the duration of your case. Get the personal numbers and addresses of any co-workers who saw the accident.
If any clients, customers, vendors, or other third parties saw the accident, get their names and numbers as well.
#3) Note the presence of surveillance footage.
If there are surveillance cameras, note their locations and their existence. If your accident is serious, it may be a good idea to retain a lawyer to get that footage immediately. Otherwise, your company might erase it either as a matter of routine or to eliminate evidence of your accident.
If you don’t think you’ll need a lawyer yet, snap a photo of each camera so your lawyer knows the cameras are there. In many cases, it might not matter if you wait; your employer might also retain the footage for their own purposes.
Your time cards serve as evidence of your presence on the job. Your medical records serve as evidence of your injury, and the type, severity, and probable cause of your injury can also serve as evidence.
Our team of attorneys is excellent at helping you gather all the evidence you could possibly need to show that you have a valid claim.
If you’re struggling to get the benefits you deserve, call us to schedule a free consultation. We’ll help you fight your employer.