In many workers’ compensation cases, a main issue is whether you have suffered an injury that entitles you to benefits; there are times when there are questions about whether your injury is work-related. When other employees or supervisors witness the accident, it could make your case easier.
While you do not have to prove that someone else is negligent, you have the burden of proof to show that you qualify for benefits. Workers’ compensation benefits require you to demonstrate a work-related injury. Usually, this injury would come from an accident or exposure to something dangerous on the job. Witnesses can help verify what happened. However, that may not always be available to you, especially when you work alone or when the injury happens in an isolated area. While you may be entitled to workers’ compensation benefits for injuries that occurred off-premises, there may not be witnesses who can testify in your case.
One of the best ways to prove your injury is work-related is to get pictures of the accident scene. However, it is not always easy to document what happened immediately afterward because you are dealing with the effects of the injuries. It may be difficult to take pictures on your own.
You Can Use Other Sources of Evidence for Your Claim
There are other ways to establish that you suffered a work-related injury. Your best protection is to notify your employer of your injury immediately after it happened. Your employer may launch an investigation into your injury. Then, you would seek medical help, and your treating doctor could give their own opinion of the cause of your injury. You could also get testimony from an expert witness who could explain what happened.
You Can Appeal When Your Claim Is Denied
You still have legal rights if the insurance company has denied your claim. You can appeal with the New Jersey Division of Workers’ Compensation. A lawyer can help you with this process.
Contact Our Monmouth County Workers’ Compensation Lawyers at the Law Offices of Michael S. Williams for Legal Help With Your Injury
If you have been injured on the job and need help with your claim, a Workers’ Compensation lawyer at the Law Offices of Michael S. Williams is here for you. Call 732-351-2800 or contact us online to schedule a free initial consultation. Our offices are located in Tinton Falls and New Brunswick, New Jersey and we serve not only clients in Monmouth and Middlesex County, but throughout the state.
