Essentials For Proving Workers’ Compensation Claim in Virginia

Essentials For Proving Workers’ Compensation Claim in Virginia

November 4, 2021 Off By David Dom

Even though the law requires your employer to compensate you in case of a work injury, your employer could do the unimaginable and deny the payment. If such a thing happens to you, you must figure out the root cause and fix it as soon as possible with the help of a Virginia workers’ compensation lawyer

Getting compensation, in any case, is not easy. It requires a lot of paperwork, procedure, and loads of evidence before you can get your hands on some money. The most important role is played by proof. Therefore, you must know which evidence you need. 

Documents That Can Help You With Your Workers’ Compensation Claim

Medical Records

The most crucial evidence for obtaining workers’ compensation is medical records. When you get injured, you must seek medical help immediately and document your injuries. You should keep the hospitalization, medication, and other bills as proof that you were injured and received adequate treatment on time. Failing to get treatment will cause the insurance company to think that your injuries were not severe enough and, thus, not compensable. 

Accident Reports

When you inform your boss about the accident, your employer should create a report of it. Make sure you obtain a copy of this report and attach it with the compensation claim form. This report should contain details of the accident, such as the time, place, people involved, injuries acquired, etc. 

Employment Records

Employment records refer to documents that establish a professional relationship with your employer. These documents must prove that you were an employee at the time of the accident. Records of your monthly or weekly wages, performance reviews, and written offers of employment can help support your claim. 

Role Of Important Witnesses 

When you do not have enough documentation to support your claim, statements from verified witnesses can reverse conditions. Here are some essential witnesses. 

Co-workers and other workplace witnesses

If any co-worker, janitor, or someone else saw the accident happen, make sure to contact them and ask them to describe the scene. Since they were present at the time of the mishap, they can serve as important witnesses. 

Medical Experts

If you do not have enough medical records of your injuries or if your employer or insurance company does not believe you, you can ask your physician, chiropractor, or other medical professionals to make a statement on your behalf. 

Mental Health Professionals

If you have acquired trauma after being in a workplace accident and wish to get professional treatment, your therapist or other mental health experts can help prove how your injury caused your condition. 

Economic Experts

If the injury has caused you permanent disability or limited the number of jobs you can perform, it may result in lost wages, benefits, and future income. An economic expert can estimate the amount of loss and help you negotiate a settlement.