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What If No One Witnessed Your Work Injury?

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Posted By DAM Firm | June 15 2020 | Workers' Compensation

The last thing anyone wants is to get injured on the job. However, workplace injuries happen, and when they do, an injured employee deserves to receive workers’ compensation benefits. In most cases, an injured worker is entitled to coverage, and an injury claim is not disputed by an employer or the insurance carrier. However, many people wonder if they can recover compensation if nobody witnessed their work injury. Here, we want to discuss whether or not a workers’ compensation claim will hinge on there being a witness to the incident.

Workplace Injuries Happen Regularly

Information available from the Bureau of Labor Statistics (BLS) shows that there were approximately 2.8 million non-fatal workplace injuries or illnesses in each of the last two years of reporting data available. While it may be the case that there are witnesses to a workplace injury occurring, that is certainly not a guarantee. Many people do not work in close proximity to others, and even when they do, there is no guarantee that someone will see what happened.

Just because there are no witnesses to a workplace injury does not mean you will not receive workers’ compensation benefits. If nobody witnessed your injury, follow these steps to ensure that you receive the coverage you rightfully deserve.

1. Tell your supervisor

No matter what type of workplace you are in, whether it be a construction site or an air-conditioned high-rise office, workplace injuries can occur. These injuries need to be reported to your supervisor as soon as possible. Your supervisor and your employer have their own responsibilities as soon as you report the workplace injury.

2. Get a medical report

You need to seek medical assistance as soon as possible after sustaining a workplace injury or realizing that you may be injured. Seeking medical care not only ensures your well-being, but also establishes a link between the workplace and the injury.

3. Check for other evidence

Eyewitnesses are not the only type of evidence that can be used to prove a workplace injury. It may be the case that the workplace has closed-circuit surveillance cameras monitoring the premises. These cameras may have captured the injury-causing incident. There may also be cameras around a worksite on other buildings that may have captured the incident. However, you need to act quickly to obtain this footage because many closed-circuit surveillance systems delete footage after a day or two. If a workplace injury was caused by a defective product or an unsafe property condition, this evidence needs to be preserved. Use a smartphone or other camera to take photographs of the entire scene as soon as an incident occurs (or ask somebody else to do so if you have sustained a serious injury).

Workers’ Compensation in California is “No-Fault”

The workers’ compensation system in California is a “no-fault” system. This means that an injured worker should be able to recover compensation regardless of who was at fault for their injury, whether it be the worker themselves, a coworker, or the employer.

If you or somebody you love has sustained a workplace injury but are having trouble obtaining workers’ compensation benefits, speak to the team at DiMarco | Araujo | Montevideo today. Our Riverside workers’ compensation attorneys have extensive experience handling these cases, and we are devoted to ensuring you receive the compensation you deserve. You can contact us for a free consultation by clicking here or by calling (714) 783-2205.

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