How To Prove Your Injury Was Work-Related

No matter what type of job you’re hired for, you will go through a certain amount of training. In addition to training for your specific tasks, you will also be trained in safety procedures for your work environment. Whether you’re working in an office or a warehouse, you need to know where the exits are, how to operate fire extinguishers, and basic first aid for things like choking.

These are the safety protocols established by the Occupational Safety and Health Administration (OSHA). Nearly 1,000 OSHA standards cover construction, maritime, agricultural, and general industry. These are the standards designed to minimize the risk of a workplace accident. Even with those standards, there are still injury-causing accidents. When that happens, the employee is entitled to file a workers’ compensation claim to receive compensation benefits that will cover your medical expenses and lost wages.

Workers’ compensation benefits are paid by independent insurance companies. Those companies do not automatically approve every claim. In fact, they will look for any excuse to deny a claim. At the top of their list is challenging whether the claim is actually work related. You will have a chance to present your version of events surrounding your accident to prove it was indeed work-related. The following guide provides vital information about how to establish whether your injury was work-related.

Establishing Employment

Before you can explain the specifics of your injuries, you need to establish your employment. This might seem obvious, but if this information is lacking in your claim, it could be cause for a denial. Here are the ways you can officially establish your employment status:

Payroll

You will need to prove that you were on the company payroll at the time of the accident. It might be that you’re no longer working on the job where the accident occurred. However, you have to have documentation that you were on the company payroll at the time of the injury-causing accident.

Time Clock

After you’ve established that you were on the payroll, you need to provide proof that you were on the clock at the time of the accident. This is crucial whether you are an hourly or salaried employee. It has to be clear that you were “logged” in and working.

Employer Time

You also need to demonstrate that you were on employer time when the accident occurred. For instance, commuting to and from work is not considered on the clock. On the other hand, if you are driving for a specific work task or if that is part of your job, that driving time will be considered on the clock. For instance, if you’re a sales rep making a service call and get into an accident, you can file a workers’ compensation claim.

On-Site

Another way to prove your injury is work-related is to see if it happened on your actual job site. That has to match up with your work hours. For instance, if you clock out of work and then slip and fall in the work parking lot, proving your injury is work-related might be more challenging. On the other hand, you could have a claim for premise liability.

The Importance of Your Accident Report

After you’ve proven that you were employed, you must provide additional documentation supporting your work injury claim. A critical document will be the accident report. In the immediate aftermath of your accident, you should report what happened to your supervisor. They should generate a written report that provides the details of the accident. This is a compelling document that establishes where, when, and how the accident occurred.

If your injury is related to stress, such as back problems or strain from repetitive movements, you should still file a report about your symptoms. That can help establish the nature of the injury.

Medical Documentation

You need to have copies of all the relevant medical documentation. That includes the immediate medical care you received after the accident or the ongoing care you might be prescribed by your doctor.

Your medical history might also come into play, but that can be a good thing. For instance, if you’ve never received treatment for a bad back or repetitive stress injury before you started the job, it can be established that the job is what caused the injury. Additionally, you can present expert medical opinions about the nature of your injury. That testimony can further support your claim.

Witness Testimony

If a coworker witnessed the accident, that would be another clear indication that this is a work injury. It might be helpful to get that witness statement on video within a few days of the accident. That way, their memory will be fresher.

Review of Job Responsibilities and Safety Regulations

It is also essential that you share your job responsibilities and compliance with your company’s safety regulations. A detailed job description will provide evidence of the causation between your injury and your job responsibilities. This is especially important in muscle strain injuries. That includes issues related to ergonomics. For instance, you could have a job that requires long hours sitting at a desk. If improper equipment caused your injury, it should be included in your claim.

It is also important to establish that you follow safety guidelines. For example, if your job requires you to wear safety glasses and gloves, you need to demonstrate that you followed those protocols but were still injured.

Getting the Right Guidance

There is a lot to put together for a successful workers’ compensation claim. Retaining the services of an attorney who specializes in this field can help you gather all the essential documentation for your workers’ compensation claim. With those benefits on the line, you want to ensure you follow all the filing requirements.