The Role of Witness Statements in Strengthening Your Workers’ Comp Claim
If you need to strengthen your work injury claim, witness statements can make all the difference. Here’s what you need to know about witness statements and workers’ comp.
Why Are Witness Statements Important in Workers’ Compensation Claims?
As a Memphis workers’ comp lawyer with over 40 years of experience, I’ve seen how crucial witness statements can be in strengthening a workers’ compensation claim. They provide firsthand accounts of the injury or additional context about the event.
Sometimes, workers’ comp claims come down to proving the injury happened as a result of your work duties. Insurance companies and employers are often skeptical and refuse to pay. When they doubt you, having independent third-party testimony on the record can help validate your claim.
Essentially, witness statements fill in gaps and add credibility to your claim. As a result, insurers and employers may have less to dispute about your claim.
Types of Witness Statements That Can Help Your Claim
Witnesses can be coworkers, supervisors, or anyone who saw the accident happen. Here are some examples of statements that can strengthen your workers’ compensation case:
Eyewitness Accounts of the Accident
If someone saw the accident happen, their statement can provide critical details about how the injury occurred.
For example, let’s say you slipped on a wet floor and injured your back. A coworker who witnessed the fall can confirm the floor was wet and explain the conditions that led to the incident.
Statements About Work Conditions
Sometimes, the cause of an injury isn’t immediately obvious. A witness can provide valuable insight into the work environment.
For instance, a coworker might testify about malfunctioning equipment or a lack of safety precautions in place at the time of your injury.
It’s important to note that with workers’ comp, any on-the-job injury should be covered. You don’t have to prove it was your employers’ fault (or someone else’s). Those details may be helpful for legal reasons, but they aren’t required for you to have a successful claim.
Statements About An Employer’s Actions or Inactions
Witnesses can also testify about what the employer or supervisors did (or failed to do) before, during, or after the incident. If the employer didn’t follow proper safety protocols, this could be an important factor for your legal rights.
Sometimes coworkers might not want to give this sort of testimony for fear of retaliation. Retaliation over claiming workers’ comp is typically illegal, but if coworkers fear for their jobs, other witnesses like friends or family might also have useful testimony.
Medical Condition and Symptoms
For workers’ comp, you want to show the impact of the injury. Witnesses who are familiar with your condition can speak to how the injury affected your ability to work.
For example, a coworker might testify about how your mobility changed or how they’ve seen you struggle to perform essential job functions.
How to Use Witness Statements in Your Workers’ Compensation Case
The more detailed and timely the statements are, the stronger your case will be.
Here are a few steps to getting effective witness statements:
Get Statements Right Away
As soon as possible after the injury, reach out to potential witnesses and ask them to provide statements. The sooner you collect the information, the fresher their memories will be. Delaying this step could mean people forget key details.
Make Sure Statements Are Detailed
A general statement won’t carry as much weight as a detailed one. Encourage the witnesses to include specific information. Ask for things like:
- the time of day
- weather conditions
- actions leading up to the accident
- what they observed, and
- anything they know about your work environment at the time of the injury.
Have Witnesses Sign Their Statements
Have your witnesses write their statement down and sign them. A signed witness statement can be submitted to your insurance company or presented during hearings to back up your claim.
Work with Your Lawyer
Here’s the thing: we’ve helped hundreds of people get their benefits. We know how to use witness statements effectively, and we’ll help you identify key witnesses, make sure the statements are legally sound, and incorporate them into your case.
We also cross-reference witness testimony with medical records, photos, and other evidence to create a compelling argument for your claim. And we don’t get paid anything unless we win.
If you need to make a strong workers’ comp case, you should really work with an attorney.
What If You Don’t Have Witnesses?
It’s not always possible to find witnesses – especially in situations where the injury happened in a remote or less visible area of the workplace. In those cases, other forms of evidence can help strengthen your claim.
This might include:
- Surveillance footage
- Medical records
- Employer records
- And much more.
Getting the Most Out of Your Witnesses and Your Claim
Witness statements are a key piece of the puzzle when it comes to workers’ compensation claims. They provide critical evidence that can validate your version of events – especially when your injury isn’t immediately obvious or when the insurance company disputes your claim.
But you may only get one shot at collecting a great witness statement – and a good workers’ comp lawyer can make sure it’s successful.
If you’ve been injured at work and need help gathering witness statements or other evidence to support your case, let us help.
Our Memphis workers’ compensation team knows how to leverage every piece of information to strengthen your claim. We’ll help make sure your workers’ comp claim gets the attention and respect it deserves, with all the evidence to back it up.
Call 901-327-2100 today or contact us online to get started.