Jan 6, 2021
How to Prove a Back Injury Was Caused at Work
Workers’ compensation is a no-fault system that allows claimants to receive benefits for any work-related injury or accident, regardless of why that accident happened. Although, an insurance company does have the ability to challenge a claim if it thinks the claimant’s injury was suffered outside of work or in a situation not related to one of their work duties.
Back injury claims are frequently targeted by insurance company denials because it can be relatively easy to blame back pain on something else, especially when the claimant is unprepared for the challenge.
If you hurt your back at work, then you need to be aware that your workers’ comp claim could be in for a rocky future if the insurer wants to challenge it. You need to take steps upfront to prove that your back injury was caused at work.
How To Prove You Sustained a Back Injury at Work?
The best way to prove a back injury occurred at work is by having a signed letter by a doctor that indicates so. A diagnosis of your back injury can explain when it happened and what most likely caused it. You can also use any camera footage or a co-worker’s testimony to prove you injured your back at work.
Lets now dive deeper into these three ways you can prove your back injury occurred at work:
- Medical records: One of your greatest resources for your workers’ compensation claim will be your doctor and any medical professionals who have treated you since your work accident. If you saw the doctor the same day as your work accident, then you can further back your claim by showing a medical record with the same date as your work accident report. Prescriptions and prognoses can also help establish a clear link between your job and your back pain to make the insurance company’s denial even less effective.
- CCTV footage: Do you work on a property that has closed-circuit television (CCTV) cameras placed throughout for security? The footage on those cameras could be crucial for proving that your accident did happen at work. It is highly recommended that you hire a workers’ compensation attorney the same or the next day after your work accident to secure this evidence. Your lawyer can contact your employer and instruct them to preserve any security camera footage until they have a copy for their own records. Otherwise, the footage could be lost in just a matter of days, as many CCTV systems automatically overwrite footage on a 7-day cycle.
- Coworker testimonies: Keep in mind that your back injury does not need to happen in one singular work accident for you to be eligible for workers’ compensation benefits. If you have gradually developed a worsening back injury through the course of your work, then you can still file for workers’ comp. For example, employees who regularly stock inventory are at risk of a back injury due to the daily strain. Your coworkers can help by providing written statements asserting that your regular course of employment was rough on your back or reasonably could have led to a back injury.
Find a Trustworthy Attorney for Your Claim
Workers’ compensation claims are meant to be relatively easy because injured workers don’t need any more stress than they are already feeling. But when an insurance company wants to make things complicated by refuting a claim, the chances of getting fair compensation can plummet.
To get the care you need for your injured back and possibly wage replacement benefits, team up with a trusted workers’ compensation attorney in your area. Hansford McDaniel LLC offers legal services to injured workers from all industries throughout Georgia. Schedule a free case evaluation by calling (770) 741-2825 today.