Proving Your Workplace Injury Claim With the Right Evidence
Have you been hurt in a construction accident? Before you can hope to win a personal injury claim, you must secure compelling evidence to prove fault. For a claim to be successful, there needs to be proof that another party was negligent—a legal term that means “failing to take the care that a reasonable person would have taken under similar circumstances.”
Two types of negligent acts that may prove to be relevant in your claim are…
- Active negligence. Active negligence occurs when another person’s actions directly cause the accident.
- Passive negligence. Passive negligence occurs when another person fails to act according to an acceptable standard of safety. In other words, when another person’s lack of action—for example, the failure to provide working safety equipment—directly leads to an accident, he can be considered negligent.
Depending on the nature of your work injury, the evidence needed may consist of several different types.
Collecting Compelling Evidence
In general, your medical records are the strongest pieces of evidence in a workplace injury claim. Your records are official documents, and since they’re visible and reviewable, they will carry a good deal of weight with a jury. As a result, it’s absolutely vital that you ensure that every aspect of your injury, from symptoms to prognosis, are thoroughly documented. Documentation should include:
- Detailed doctor’s notes. Make sure that the doctor is making detailed notes about your pain and symptoms. The only way to do this is to remind him to make a note about your level of pain and discomfort at every visit.
- Photos of injuries. A well-documented case will be more difficult for insurance companies to turn down based on lack of evidence. Visual evidence is also extremely compelling and difficult to refute. So take every measure to fortify your claim by taking photos of your injuries at different intervals.
- Pain journal. A pain journal that tracks your daily discomfort can help illustrate your suffering to a jury. This record can also help clarify the limitations and disabilities your injuries caused.
If you have difficulty accessing your medical records from a healthcare service provider, past or present, reach out to attorney Steve Lee. He has handled work injury cases in the past and understands the complex channels that you must navigate in order to get to a favorable settlement.
Additional Evidence and Resources
An experienced attorney can not only help you collect your medical records, but also help secure additional pieces of evidence, including witness statements, maintenance logs, and Occupational Safety and Health Administration (OSHA) safety records.
If your company has a history of insufficiently training equipment operators, failing to secure scaffolds, or some other problem, and was written up during an inspection by OSHA, the record of violations and citations can help support your negligence claim.
Attorney Steve Lee is ready to fight for your rights. If you have suffered serious injury because of someone else’s negligence, contact us today to schedule your complimentary consultation. Either call us at 713-921-4171, fill out our convenient scheduling form, or directly talk to one of our representatives via the chat function on this page.