Many employees suffer from back injury or back pain due to the nature of their work. Employees who have to sit for long hours constantly due to their work usually suffer from back injury or back pain. Sometimes it is also seen worker having an accident at the workplace while doing some work and get a back injury at work. However, it is mostly seen that employers always remains reluctant to accept the claims of the injured workers that the back injury has mainly occurred due to their work. In such a case, it becomes necessary for the employees to prove it that his back injury is mainly caused due to his work or the nature of work.
How to Prove a Back Injury at Work?
For proving the fact that the back injury has occurred due to the work, it is very essential that employee keep the detailed record of his injury as well as his treatment. The following are some essential tips that will help you to keep the detailed record of the injury which will certainly help you to fight against your employer if they try to evade from their financial responsibility that they have to bear for you:
- Witness Testimonials: It is very important to approach those coworkers who were there at the time of the accident and take the statement of their observations and the details of what they have seen.
- Record of Security Footage as a Proof of Back Injury at Work: Most of the workplace has a security camera. You should request your employer for a copy of recorded footage on the date of the accident. Most of the time it is found that the CCTV camera capture what actually had happened and it will certainly be an enthralling evidence which works in your favor.
- Doctor’s Note as a Proof of Back Injury at Work: It is also important that you get your back injury diagnosed with a Doctor and take his note. It can provide a huge impact in proving that the back injury had taken place. Sometimes, it is also seen that the worker need physical therapy to lessen the pain of the injury. However, it is very essential to keep the exact records of date and duration of the treatment.
- Keeping the Prescription: It is obvious that the doctor will prescribe some sort of medicines. It is very important to keep that prescription safely and ask the doctor to give you a written statement about the need for the medicines that he has prescribed. It will prove that you had a serious injury.
- Written Notification to the Employer: It is very essential that you inform your employer in writing about the accident or illness within 15 days of the injury or accident. It is very important that while notifying the employer about the accident or injury you mention that it had happened at the workplace or it happened due to the nature of the work. It will answer the question that may arise that when and where the accident had taken place.
Contact Workers’ Compensation Lawyer
If you have been hurt on the job, then it makes sense to contact an experienced workers compensation attorney who can guide you through the process of filing a workers’ compensation claim and handle any disputes that may arise. Workers compensation attorney can help you get through this difficult time and maximize your chances of securing the full amount of your deserved benefits.
If a worker gets hurt at the workplace, the employer is bound to provide the compensation as well as he has to bear all the medical expense that occurred due to the injury. If the employer avoids paying the compensation, the worker can file a case again him. However for that, he will certainly require some kind of evidence and the above-mentioned tips will help the person to collect the evidence and fight against his employer in the court if necessary. All these tips will help the worker to secure the full benefit that he deserves from his employer.
FindLaw: “Proving Your Workplace Injury Is Work-Related” by FindLaw Staff Link: https://injury.findlaw.com/workers-compensation/proving-your-workplace-injury-is-work-related.html
NOLO: “How to Prove That Your Injury Is Work-Related for Workers’ Comp” by David Goguen, J.D. Link: https://www.nolo.com/legal-encyclopedia/how-prove-that-injury-work-related-workers-comp.html
The Balance Careers: “How to Prove a Workplace Injury for a Workers’ Compensation Claim” by Sachi Barreiro, J.D. Link: https://www.thebalancecareers.com/how-to-prove-a-workplace-injury-4163655