When your employer does not provide workers’ compensation benefits, you work for what is referred to as a non-subscriber employer. If you suffer injuries on the job, you cannot file an administrative claim for workers’ compensation benefits. However, you can file a lawsuit against your employer for compensation for your injuries. To win your case, you will need to prove your employer’s negligence in causing the incident, your injuries, and the amount of your financial loss. Here, we discuss the evidence that you will need to successfully do this.
What Evidence Is Helpful in a Workplace Injury Case?
To have a strong case against your employer, you want to have as much evidence as possible to support your claim. It is never too early to start collecting evidence after you suffer a workplace injury. Types of evidence you may need to use include:
- Incident report. You want to obtain a copy of the workplace injury report that you hopefully made after you were injured at your job. This will help establish that the incident occurred and that you reported it. If you were hurt in a work-related vehicle crash, you should obtain a copy of the police report too.
- Medical records. Medical records are key to establishing how you were injured, the treatments you needed, and your final prognosis. You also need to save copies of your medical bills to show the expenses you incurred for your medical care.
- Employment records. Paystubs and other employment records can help you show how much you lost in wages and other benefits of your employment while you were off work recovering. Other benefits you want to document include lost sick and vacation time, promotions, bonuses, and commissions.
- Documentary evidence. Photographs and videos can paint a vivid picture for the jury of where you were injured at your job and your injuries. Torn or bloodied clothes can also be dramatic evidence to use at your trial.
- Witness statements. Your testimony will be important in proving how you were injured, the seriousness of your injuries, and how your injuries have affected your life. Witness statements from co-workers or others who witnessed the incident that caused your injuries can also be very persuasive evidence.
- Expert witnesses. You could need a variety of expert witnesses, depending on the disputes in your case. A medical expert will be crucial to prove how serious your injuries are, what treatments were needed and that will be required in the future, and your final prognosis. A reconstruction expert may be able to reenact the sequence of events leading up to your injuries to show your employer’s negligence. If machinery, such as a forklift, was defective, an engineer who can identify and explain how this caused your injuries may be essential.
At the Hart Law Firm, our experienced legal team understands the importance of thoroughly investigating your claim and collecting the evidence you need to prove your case if you work for a non-subscriber employer. Contact us online or call us directly at 817.380.4888 to schedule your free, no-obligation consultation.