3 Indicators That Your Workers' Comp Case Is Strong
Posted on: 27 April 2018
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Upon being injured on the job, a common thing to do is consult a workers' compensation attorney and provide details about your case. Most attorneys will immediately give you an idea of the strength of your case. If the details appear weak, an attorney may be reluctant to take the case on and may advocate that you don't try to pursue legal action. However, should you provide details that indicate a strong case, you can expect that the attorney you're speaking to will anxiously want to represent you and pledge to work hard to get you a settlement that you deserve. Even though it will be the attorney who rules on the strength of your case, it never hurts to be informed in this manner. Here are some signs that your case will be a good one.
1. Lots Of Colleagues Saw Your Injury
A workplace injury that occurred out of sight of anyone and not in view of any video cameras can be challenging. However, if you sustained your injury in front of a large group of colleagues who saw what happened, your case will be stronger. Even though some of the colleagues may be reluctant to get involved in the legal proceedings, as they might be tentative about saying something that could be costly to their employer, they'll need to tell the truth in a court of law.
2. Your Manager Acknowledged The Injury
One of the things that defendants' legal teams will do in workers' comp cases is to attempt to discredit your claim. For example, if you sustained a back injury on the job, the other side may try to suggest that you already had the injury. If you have correspondence between you and your manager about the injury, this may be pivotal in winning the case. For example, if you have an email in which your manager apologizes for the injury and acknowledges the reason for it, this could be a smoking gun that proves liability and helps your attorney to win the case for you.
3. The Employer Has Made Physical Changes
Take note of any physical changes that the employer may have made to the area in which you had your accident. Changes to the area afterward can indicate that the employer is aware of the accident and injury and wants to prevent further issues of this nature. For example, if you fell down a step because you didn't know it was there, the employer may soon place reflective tape along the edge of the step and add a warning sign. If you were able to get a photo of the area immediately after your injury, and another one after these changes, you'll bolster your case.