Workers comp claims are a critical aspect of the workplace safety net, providing necessary support for employees who have been injured on the job. However, the process of filing a claim can be complex, particularly when it comes to gathering and documenting evidence. Here is everything you need to know about gathering evidence in workers comp cases and how a Tampa workers compensation lawyer can help.
Importance of Evidence in Workers Comp Claims
It’s important to note that Florida operates under a no-fault workers compensation system. This means that an employee can receive benefits regardless of who was at fault for the injury. However, the employee must be able to prove that the injury occurred in the course of and arising out of their employment.
This is why evidence plays a pivotal role in workers compensation claims. It serves to substantiate the claim, providing tangible proof of the incident, the injury sustained, and the impact of the injury on the employee’s ability to work. Without sufficient evidence, a claim may be denied, leaving the injured worker without the necessary support and benefits.
Evidence Gathering Strategies
There are several key aspects of gathering evidence in workers comp cases, including:
Medical Records
Medical records play a crucial role in workers compensation claims. They serve as the basis for determining if a particular procedure or treatment is medically necessary and, therefore, covered by the workers compensation insurance.
Records of an employee’s medical history are also important because they show if the employee has pre-existing health conditions. Workers compensation insurance only covers the worsening of an employee’s physical condition caused by the work-related injury or illness, not those caused by pre-existing conditions.
Incident Reports
The First Report of Injury (FROI) contains important pieces of claims information that can be useful when starting an investigation on a claim.
Information to obtain from the FROI include the nature of the injury, names and addresses of medical providers related to the work injury, the mechanism of injury, location of the injury, and potential witnesses. The FROI is not necessarily accurate, but it can be valuable for claim development purposes.
Witness Statements
Witness statements are a key component in any workers compensation case. These sworn declarations provide an unbiased perspective of the injury, circumstances leading up to it, and its resulting effects. By capturing firsthand accounts of those involved in the incident or familiar with it, witness statements play an essential role in determining a fair outcome for the claimant.
Photographs and Videos
Photographs and videos of the incident can be priceless, especially if they contain information that contradicts allegations made by the injured worker. Clearly visible images of the injured worker, with verifiable date, time, and place the video was made, can serve as strong evidence.
Documentation Strategies for Your Claim
Proper documentation of your workers compensation files is crucial. Your files should include the policy number, the policy coverage period, the states/jurisdictions covered by the policy, any policy endorsements, and any coverage exclusions.
It’s also important to include facts surrounding the incident such as when and where the event occurred, who was present, and any other specific details that may affect the case at hand.
Your attorney can ensure that all relevant evidence is gathered and presented to the Florida Division of Workers Compensation in a manner that will ensure that your claim is successful.
Reach Out to a Tampa Workers Comp Attorney Today!
Successfully navigating a workers compensation claim requires diligent evidence gathering and careful documentation. By hiring an attorney from Work Injury Rights you can understand what is essential evidence in workers comp claims and how it can be used to prove your case.
Contact us at 954-324-COMP for a free consultation!
