Essentials For Proving Workers’ Compensation Claim in VirginiaNovember 4, 2021
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
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.
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 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.
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.
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.