Nobody Witnessed My Work Injury - What are My Options?

Posted By Law Offices of Wax & Wax || 29-Oct-2019

During the workers’ compensation claim process, witness testimonies can serve as invaluable evidence. If employees saw an accident happen and are able to support the claims of their coworker, claim denial is less likely.

However, not all workers have the support of their coworkers when filing their claim, because nobody was around to witness the accident. Although witness testimonies are very helpful pieces of a workers’ compensation case, employees whose injuries were not witnessed can still recover benefits.

You Should Report Your Injuries as Soon as Possible

Unless you are physically unable to, you should report your injuries immediately following a work accident. Reporting an on-the-job injury quickly will ensure that your case falls within the statute of limitations, and can help to strengthen your claim. If nobody else witnessed your injury, promptly reporting it may increase the believability of your case. A delayed report could raise suspicions about why the injury was not reported immediately. Reporting your injury at your place of work establishes proof that your condition is work-related.

Does Your Workplace Have Security Cameras?

Although there may have been nobody physically present to witness your occupational accident, it is possible that the incident was captured on a security camera. When you report your injury to your employer, ask if there are any surveillance cameras on the premises that can be used as evidence. If your role requires you to frequently change job sites and/or work outside of a designated location — for example, if you work in construction and are constantly working in different places — you may need to speak with someone other than your employer about recovering security footage. Our attorneys can advise you on who you may need to reach and can help you get in contact with them.

Gather Comprehensive Evidence

Without the help of witnesses, your case will need to be especially strong. Reporting your injury quickly is one of the best ways to link your condition to your job and establish a workers’ compensation claim. In addition to your report, you should save all of your medical records, bills, relevant photographs, and other pieces of evidence that are central to your claim.

Contact Our Attorneys

Your employer and their workers’ compensation insurance provider may use the absence of witness testimony as a reason to deny your case. A lack of witness support does not make your case any less legitimate. Our lawyers can help you build a strong case and represent your rights when negotiating with your employer and their insurance provider.

To schedule a free case evaluation with the attorneys of the Law Offices of Wax & Wax, complete our contact form or call 818.946.0608.
Categories: Workers' Compensation
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