What If No One Witnessed Your Workplace Accident?
After suffering an injury in an accident while working, you may be qualified to recover workers’ compensation benefits. One of the crucial pieces of evidence that can help you with your claim is eyewitness testimony. In most cases, when a worker sustains an injury in an accident while on the job, there is someone else around who witnesses the incident. But what if no one witnessed your workplace accident? Does this mean you cannot file a worker’s compensation claim and recover compensation? Even if no one witnessed your workplace accident, you can still file a workers’ compensation claim and recover compensation. You may just need to rely on other pieces of evidence.
Steps To Take After a Workplace Injury
There is no legal requirement under the law that a workplace accident needs to be witnessed for an injured employee to recover workers’ compensation benefits. However, the reality is that without someone to substantiate your claims, you risk a claim denial. Unfortunately, many unwitnessed workplace injury claims are denied.
However, there are several steps you can take to increase your chances of recovering the compensation you deserve. The following are some of the steps you should take after suffering a workplace injury, regardless of whether or not someone witnessed your accident.
- Report the injury – It is crucial that you inform your employer about your injury as soon as possible. Reporting your injury to your employer will help you create a paper trail that can enable you to prove that you sustained the injury at the time and place you say.
- Provide as much information as possible to your employer – When reporting your injury to your employer, ensure you provide as much information as possible. Tell your employer what you were doing when you sustained your injury. Give a detailed explanation of your surroundings at the time of the incident and a comprehensive account of how the accident happened.
- Be honest with your doctor and give them as much information as possible – It is crucial that you explain all your symptoms to your doctor while avoiding lying about your injury. The information you give your doctor will be recorded and can serve as a crucial piece of evidence.
Other Pieces of Evidence You Can Use
Witness testimonies can provide strong evidence during a workers’ compensation claim in Kentucky. But if no one witnessed your workplace accident, don’t worry. There are many other pieces of evidence that you can use to support your claim. Apart from an accident report and your doctor’s records, the following are some of the other pieces of evidence you can use to support your Kentucky workers’ compensation claim;
- Pictures of the accident scene
- Surveillance video footage
- Your personal account
- An injury journal
- Expert testimony
It is vital that you start gathering other pieces of evidence, such as photos of the accident scene and surveillance video footage, before your employer has an opportunity to make repairs, clean up, or remove evidence.
Lastly, if your claim is denied, a qualified workers’ compensation attorney can help you appeal and have your claim reviewed.
Contact a London Workers’ Compensation Attorney
At Cessna & George Law Firm, our London workers’ compensation attorneys are here to help you with your workers’ compensation claim whether or not someone witnessed your accident.