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How To Preserve Evidence In A Workers Compensation Case



If you are injured on the job, you may be able to receive workers' compensation from your employer. However, in order to successfully get money to cover lost wages and medical expenses, you need to dot your i's and cross your t's. This involves filing your claim thoroughly and promptly. A major component of filing your workers' compensation claim is documenting and preserving the evidence of your injuries.

Common Evidence To Preserve

The first thing you should do once you are able to think after your workplace accident is to create a paper trail detailing your injury. This will include reports, receipts and other documentation. The evidence you should be sure to preserve includes:

  • Your initial accident report, complete with time and date of the incident, descriptions of the injury and accident and your contact info
  • Your medical records related to the accident, injury and treatment, including documentation of any previous injuries or conditions aggravated by the injury
  • Properly filled out disability claims based on the above two pieces of evidence

These pieces of evidence are essential if your employer or insurance company refuses to deny coverage and you have to take the case to court. By taking this evidence to a workers' compensation attorney for an initial consultation, you will be much more likely to be taken on because your lawyer knows that this evidence will definitely go a long way toward convincing a judge. Furthermore, it will help you settle with your employer or its insurer out of court if you can show proof of above-mentioned evidence.

An Example

This is extremely important if you want to ensure that your employer's workers' compensation insurance coverage takes care of you while you heal. It is their lawyers' job to throw doubt into your story. For instance, it may take months before you get to court, and you may be fully healed. If you can take the stand and have no apparent injuries, the insurer's lawyer may cast doubt on your story. However, the months you couldn't pay your bills due to lost wages may have put you deep in debt, and you will still need the settlement. Only properly preserved evidence will solve this problem in your favor.

If you are concerned about your workers' compensation claim, contact an attorney today for more information on what sorts of evidence to maintain. Workers' compensation claims differ in each state, and different states may have different documents you need to keep.

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