Do I Have A Valid Work Comp Claim?

Worker's compensation insurance pays out to employees who get hurt on the job. According to Forbes, American companies pay out $1 billion a week in work comp payments. Not every injury that takes place at the workplace will receive a settlement, though. During your initial consultation with a workers' comp attorney, your lawyer will take the following factors into consideration on if they will take your case.

Location of the Incident 

Describe to your lawyer in detail where you were when the injury took place. Some of the questions you should be prepared to answer include:

  • Were you on company property?
  • Were you in a vehicle? (a company vehicle?)
  • Were you authorized there?
  • Is that area monitored by cameras?
  • What were the conditions of the space?

Cause of the Incident 

Sometimes accidents happen for no reason at all. Other times, an incident occurs due to neglect or active malice by someone else. And in other situations, the defendant may have caused or contributed to the injury. When multiple components lead to a workplace injury, the insurance company will assess the case to determine what percentage of fault each party is responsible for. If partially responsible defendants aren't necessarily disqualified from filing a claim, but it will impact the settlement negotiations.

Evidence of the Incident 

The work comp insurance company hires staff to refute claims and reduce settlement amounts. Without proper evidence of the accident, you leave yourself susceptible to a denial, even if the incident did happen. 

Common evidence used in work comp claims include:

  • photo or video evidence of the scene of the accident
  • official safety documentation
  • emails and messages
  • witness statements
  • professional testing

Not only do you have to prove that the incident happened, but you'll have to prove that the situation caused your injury using medical records. 

Date of the Incident 

Work comp cases have a statute of limitations, which varies by location. if you are past the statute of limitations, you have no case. Don't wait too long no matter what, though. If you take a long time to file your claim, your lawyer will have a harder time connecting your evidence to the incident. Much of the evidence may have also disappeared. 

For the best results, you should contact a workers' comp lawyer immediately after you get injured. With legal guidance from the very beginning, you will be able to take the best course of action throughout the legal process.

Reach out to a local work comp attorney to learn more.