Tips to Win Your Workers’ Compensation Claim

if you want to know how to win workers’ comp cases. But there are additional tips you can implement to further increase the odds of winning and reach a more favorable settlement. Here are all our top tips and tricks to help guarantee success.

1. Obtain Witness Statements

When filing workers’ compensation claims, it is usually a case of “he said, she said”; you are saying you are injured due to workplace negligence, your workplace is saying it isn’t their fault. These types of scenarios are notoriously difficult for judges to decide fairly. Therefore, witness statements can go a long way in strengthening your argument. If a member of your team or a customer witnesses the incident, ask them to make a written statement. Written statements are far superior to verbal ones as memory fades over time and can be used as evidence in court.

2. Document the Injury Correctly

You want to ensure that you file the claim promptly and correctly. Each U.S. state has different time constraints on how long you have to do this. For example, workers’ compensation claims must be filed within the two years following the incident in Colorado. However, the sooner the incident is documented, the better. The memory of events can change over time, which employers will use against you. File the claim as soon as possible and write down a detailed account of the incident right away.

3. Seek Prompt Treatment from a Doctor

Having medical records and medical bills is great supporting evidence for any workers’ comp case. Go to a doctor for treatment as soon as possible. If you delay getting treatment, your workplace or insurance adjuster could claim that the injuries are not as severe and debilitating as you’re alleging. Moreover, talk to your doctor about the accident and be sure they understand that it happened at work. Having information such as this on file will reduce the risk of your claim being denied.

4. Obtain Other Supporting Evidence

There are no set requirements for the evidence needed to win a workers’ comp case. However, the more supporting evidence you can gather, the stronger your argument. We have already discussed medical records, witness statements, and documentation, but see if there is any security footage or surveillance that shows the incident unfolding. Employment records are also useful as they prove that you had a professional relationship with your employer at the time of injury.

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