If you were injured in the workplace, you may be eligible to bring a claim forward for workers’ compensation. However, the burden of proof in such cases always lies on the plaintiff. It’s up to the victim to prove that the injury occurred at work. Also, the victim must prove that a workplace condition directly caused the injury. In some cases, it may be necessary to prove that the employer was grossly negligent. Here’s what you need to know.
You Need to Prove That You Were Injured At Your Job
This sounds simple, but it the foundation of a workers’ compensation claim. You must be able to show that your injury occurred while you were working at your job. Reporting the accident to your employer and witness testimonies can all help establish this important fact.
You Need to Prove That Your Injuries Were Directly Caused by Something In Your Workplace
The second element is proof that the injuries were caused directly by something in your workplace. Whether it’s a slip and fall due to a substance on the floor or a crush injury from heavy machinery, you must show cause and effect. For example, if you have life-long back problems and sustained a back injury at work, it will be difficult to prove that your back injury was caused directly by your place of employment. Your previous medical records would show that you had prior back problems and your claim could be denied.
You Need to Prove That You Suffered Damages as a Result of the Injury
Another critical element of a workplace injury claim is evidence that you suffered real damages due to the injury. Proof of your physical injuries could be as simple as providing medical records pertaining to the treatment of your work-related injury. Proof of emotional suffering could be providing records of counseling or medication prescribed for anxiety or depression.
It’s challenging to navigate the complex process of bringing forward a claim against an employer for an injury that occurred on the job. Contact the Sarkisian Law Offices today to learn more about your rights as an injured employee and how our work injury lawyers can help you move forward after a devastating work accident. Call now at 219-733-8904 for more information.