Disputed Workers’ Comp Injuries
If you were injured at work but the accident wasn’t obvious or you had a preexisting condition, workers’ compensation may attempt to argue that the injury wasn’t work-related. Here’s what you should do in the event that the validity of where and how your injury occurred is questioned.
Write a Detailed Account of the Injury
As soon as possible after the incident, write down as much as you remember about how you were injured. Document what happened before the incident, during, and after, and provide as many details as you can.
The longer you wait to record your account of the incident, the harder it will be to remember things clearly. Injury cases can drag on for months and sometimes more than a year or two, and by the time you’re able to give your account in person, what really happened may be foggy and difficult to recall.
Obtain Witness Accounts When Possible
If anyone at work witnessed the incident that caused your injury, it’s also important to get their testimony of what they saw. You should do so as quickly as possible after you were hurt for the same reason you should record your own account quickly; the memories of your witnesses are also at risk of degradation over time.
If no witnesses are available, find out if your company records surveillance footage. Often, companies will record over old data to make room for new data. If you wait, the footage of your incident could be accidentally erased.
Gather Your Medical Records
Medical records are one of the most critical forms of evidence in a workers’ comp case. You should obtain copies of your records from the emergency room if you were transported there after the incident or went on your own.
If you followed up with your family doctor or a specialist, you should also obtain those records. You should also get copies of pharmacy, physical therapy, and other important medical records when applicable.
Work with an Experienced Florida Workers’ Comp Lawyer
If your workers’ compensation claim was denied on the basis that your injury was not work-related, you may be able to appeal the denial and continue to pursue the benefits you deserve.
Marshall Adler is a seasoned Florida workers’ comp attorney who can help you recover physically, emotionally, and financially after a devastating work injury. Call now for a consultation at 407-648-5523.