How Do I Prove My Accident Was Work-Related?

If you have been injured at work, you may think proving your injury was work-related is simple enough. You were on the job, you were hurt, end of story. But if you don’t comply with the precise reporting requirements of workers’ compensation coverage, or if the insurer decides to play hardball with you, it could be more difficult to prove that your injury was the result of a work accident.

Reporting Your Injury and Seeing a Doctor

If your injury requires emergency treatment, you should seek medical care immediately. Any type of burn, injury to your eyes or hands, broken bones, or head trauma should be seen by a physician right away. In cases like that, you might not be able to report your injury to your employer before receiving care.

Other situations where you might not be able to report an injury could include workers in off-site or remote locations, or shift workers in situations where there is no on-site manager. Anyone who works in these types of employment should inquire about the proper reporting procedures before an injury happens. If you haven’t done so, assume you should seek treatment first.

In New Jersey, you are required to notify your employer within 14 days of an injury if you did not do so at the time of injury. Failing to do so could forfeit your workers’ compensation rights. Your employer may instruct you to see a company-approved doctor, even if you have already received treatment for the injury. This is usually for insurance purposes, and to protect the company’s liability.

What If You’re Not Sure When the Injury Happened?

Serious, acute accidents are easy to prove when they are work-related. If you fall off a ladder or receive a bad cut and need stitches, there’s no question when and where it happened. Proof becomes more problematic when you’re not certain when exactly you got hurt, or if the injury is cumulative.

Suppose you have been lifting boxes all day in the warehouse, and your back aches a little. You could report it to your manager but decide instead to go home and take some aspirin instead. The next day, you can barely move, there’s a shooting pain down your leg, and tingling in your feet. Proving that it was the long day at the warehouse will be a lot harder now that you’ve been home all night.

If you have any type of pain or minor injury while on the job, you need to have it documented while you are still on the job. If you are worried about getting a reputation as a complainer, don’t be. The company needs to know if you are hurt, and where it is happening.

What Will I Need to Prove I Was Injured on the Job?

If you have a chronic or cumulative injury, sometimes called a “wear and tear” or “repetitive trauma” injury, you will need to show a progression of injury and treatment that has been getting worse over time. You will also need to show that you have consistently reported these injuries to your employer and that the injury has worsened despite adherence to treatment.

For instance, suppose you have been working in the warehouse for 25 years, and you’ve been reporting your back pain every few months. The company doctor has sent you to a chiropractor, given you time off, and ordered you to wear a back brace, but it keeps getting worse. This progression in your records is what you will need to bring to your attorney to show your injury is work-related, and not due to age or a car accident.

How We Can Help

If you have been denied workers’ compensation benefits, or are having difficulties getting the insurance payment you’re owed, you should seek legal assistance right away. The New Jersey workers’ compensation attorneys of Brach Eichler Injury Lawyers can help you present your case, either the first time or on appeal so that you can get the compensation you are entitled to for your injury.

If you have been told that your injury is due to another cause and you believe it is due to an on-the-job accident or repetitive injury, contact our legal team. We can help you gather the records and other information you need to make your case and deal with the insurance company and their attorneys on your behalf. Call Brach Eichler Injury Lawyers at (973) 364-8300 for a confidential consultation and review of your case today.