How Can I Prove my Injury Happened at My New York Workplace?

Feb 28, 2023

Workers’ compensation will only cover injuries that happened at work, so your employer has some incentive to try to claim the injury wasn’t work related.

As workers’ compensation lawyers, we recommend gathering as much evidence as possible on the day you get hurt.

Use Your Phone

Take pictures of the scene, including your workplace and your injuries. Take a photo of a clock; you can use this to repair them to time reports or Slack messages, or any other time-stamped data that can help to show that you were present at work at the time of your injuries.

When you fill out the incident report, photograph that as well.

Were there any video cameras present? Photograph those in case your lawyer needs to track down the footage later.

Take Note of Witnesses

You’ll need the support of any coworkers who happened to see the accident.

Make a note of anyone who can corroborate your accident, and make sure you track down phone numbers and email addresses for each of them.

Hold on to Doctor’s Notes

Keep all doctor’s notes and medical records, and document your visit if possible. Anything you can keep can help us defend a denied workers’ compensation claim later.

If you are too hurt to take this step, initially, do your best to gather these reports later. For example, going to the ER will generate medical records: get copies of them.

What if the injury is less straightforward?

Much of this advice works well for acute injuries, but what about repetitive stress injuries or other workplace damage that occurs over time?

Report the injury as soon as you believe your workplace may be causing an RSI, and obtain medical treatment. The same is true for workplace illnesses.

If your employer tries to attribute your injury to some other cause or workers’ compensation insurance denies your claim, immediately secure a workers’ compensation insurance lawyer. Your lawyer can help you prove your work duties caused an RSI to develop or worsen.

Get Help Today

It’s always stressful to go up against an employer hoping to paint you as a liar to save a little money, especially when you’re already hurt and are concerned about your ability to pay your bills.

Working closely with a personal injury attorney can help you get your claim settled. Contact our office to get help today.

The Law Offices of Sher, Herman, Bellone & Tipograph