Suffering a work-related injury can be confusing, leaving you with many questions with few answers. Most questions revolve around whether or not your workers’ compensation claim can be approved. To do so, you may have different sources of evidence to substantiate your claim, including the eyewitness account. However, is your claim likely to be denied if you do not have any eyewitness accounts for your injury?
Fortunately, Pennsylvania follows a no-fault workers’ compensation program. A no-fault program means an employee injured while performing work-related activities is eligible for compensation without proving negligence. The only proof necessary is that an occupational task caused the injury or illness. In exchange for this coverage, the employee loses the ability to sue their employer in most cases.
Through the no-fault workers’ compensation law, having an eyewitness account is unnecessary for approval. However, having someone who witnessed the incident support your claim is beneficial; claim approval is not 100 percent guaranteed in all situations.
If you do not have an eyewitness account, hopefully, you have other evidence to prove that your injury occurred while performing your occupational duties. These can include:
- Detailed accident report.
- Surveillance footage.
- Medical records.
- Photographs of injury and scene of the accident.
- Letter from doctor or letter from employer.
- Injury journal.
- Expert testimony.
- Hire an attorney.
One key factor in getting your workers’ compensation claim approved is following the appropriate steps when filing your claim and keeping up with your treatments and medical visits. Improve your chances of claim approval by doing the following:
- Report your injury immediately: In many states, you have a time limit to report your injury to your employer. However, you should never wait to report your injury or illness and should do so as soon as possible. Even if you were away at a different job site, notifying your employer immediately is necessary. This helps start the claim process and a paper trail needed to prove your claim.
- Gather evidence: You could use many pieces of evidence to prove your claim, not just a witness account. You could take photographs of the scene, your injury, or of what caused your injury, or surveillance footage. Although it is helpful to have an eyewitness account, it is not entirely necessary.
- Medical evidence: Your employer will give you a list of doctors approved by their insurance company to see to attend to your injury or illness. Ensure you explain to the doctor how your injury occurred and relates to your work duties. You may even see your doctor for a second opinion, especially if your claim is denied or they want to close it. Seeking medical care immediately prevents further damage and helps prove the severity of your injury. A doctor can also write up an evaluation of your injury to help prove your claim as well.
You have legal options available to you should your claim is denied. If your employer informs you that you do not have sufficient evidence to prove that your injury or illness occurred because of your work duties, you should immediately consider speaking with a lawyer.
West Chester Workers’ Compensation Lawyers at Wusinich, Sweeney & Ryan, LLC Help Injured Workers Prove Their Claims
Your employer or the insurance company may deny your workers’ compensation claim. If this happens, you need a proven legal team on your behalf. Our West Chester workers’ compensation lawyers at Wusinich, Sweeney & Ryan, LLC are here to help. Call 610-594-1600 or fill out our online form for a free consultation. Located in Exton, Pennsylvania, we serve clients in Downingtown, West Chester, Exton, Coatesville, Phoenixville, Malvern, Lyndell, Wagontown, Uwchlan Township, Parkesburg, Chester Springs, Lancaster County, Reading, and Morgantown.