Workers' Compensation - Do I Have to Prove My Employer Was at Fault?

If you were injured at work, you may be concerned about how to prove your employer was responsible for the injury. We're here to ease your concerns. You can get workers' compensation (workers' comp) without proving your employer did anything wrong. Workers' comp is state-approved insurance that provides benefits to employees injured while working. This coverage helps relieve some of the stress from your work injury or sickness.

You don't need to prove that someone did anything wrong or that work conditions were unsafe. However, there are other items you do need to prove before you can receive workers' comp benefits. You need to provide evidence about what happened, such as an accident report from your employer. Additionally, you need to provide medical records and bills. You may even need your employment records or counseling records. An attorney from Accident.com can help you find and build off that proof.

Proving Your Workers' Compensation Claim

The only matter you have to prove is that your injuries happened at work. That injury may be a physical injury, like a broken bone, or a sickness, like black lung. The injury can also be a mental health problem, like PTSD.

If you've experienced any type of work-related injury, you should get the medical and mental health care you need as soon as possible. See a doctor right away, even if you don't think you're seriously hurt. A doctor can make sure you're healthy and safe, which is always the number one priority. Plus, the medical records will provide great evidence in your case so that you have a stronger claim to receive the support you need to fully recover.

After you get medical aid, reach out to an Accident.com attorney. They'll help you identify the best way to prove your injuries and get workers' comp benefits.

Evidence to Prove Your Claim

In your efforts to prove that your injury occurred at work, the following documents can bolster your claim:

Medical records. This information offers an official summary of your injuries and treatments. Coming from a doctor, this documentation roots your claim of injury in truth.
Medical bills. Medical bills prove how substantial your injury is financially. It offers a baseline for the compensation you would be entitled to.
Doctor reports about restrictions. This report details any limitations or restrictions your doctor recommends based on how seriously you are hurt or the type of injury you have. This could include a delay for returning to work or limiting how much work you can do when you return.
Witness statements. These documents (from co-workers and professionals alike) prove that the injury actually happened at work. Despite the severity of your injury, if you can't prove it happened at work, you don't have a workers' compensation claim.
Pay stubs. Besides the cost of your injury itself, this information is another important factor in determining your compensation. It represents the cost of the work you have (or will have) missed while you recover.
First report of injury to your employer. This is a form your employer fills out when you first notify them about the injury. It begins the claims process.

Although you only have to prove that you were injured or got sick at work, gathering these documents to prove that can still be difficult based on your situation. An attorney from Accident.com can help.

Your Workers' Compensation Rights

Once you've proven your injuries, there are many types of workers' comp benefits you may receive. The most common benefits are:

Wage loss/replacement benefits.
Medical expenses.
Vocational rehabilitation.

It's important to note that you can get workers' compensation if you got hurt at work even if your employer took precautions to protect you, like safety and health programs or other training. Of course, while you should complete any said training and always try to stay safe, sometimes injuries happen that you have no control over. That's okay. That's what workers' comp is for.

If you're injured or you get sick from something at work, just report it to your supervisor and Human Resources department. You have to report your injury to your employer in order to receive workers' comp benefits. (Reporting to HR leads to them filling out the first report of injury form.) In fact, if you don't report it quickly enough, you can lose the benefits.

The purpose of workers' compensation programs is to protect both workers and their employers. Both parties “give up” something in order to have the stability of the program. For example, someone who was injured outside work can sue the responsible party for more types of damages, such as disfigurement and scarring.

However, work-related injuries don't qualify for money for permanent scarring or other non-monetary harms. In exchange, the employee doesn't have to prove that the employer did anything wrong. This is a big trade. It protects employers by limiting their liability, and it helps employees cover urgent medical care, wage loss and other large expenses.

Get an Attorney

Getting injuries or diseases from work can be stressful, challenging and frustrating. You may not know where to go next or how to move forward. Your first move should be to see a doctor. You want to make sure you're in good health, even if you think you're fine.

Accident.com is the next step. An attorney can work with you to prove that your injury or disease is work-related, allowing you to recover with peace of mind.

Workers' compensation varies by state though, so reach out to Accident.com today and speak with an attorney in your area.