The workers’ compensation system was established in Oklahoma to provide benefits to injured workers. It does not cover all injured workers—only those who suffered work-related injuries. If an injury did not arise out of the course and scope of the victim’s employment, it is not compensable under the workers’ compensation system. For this reason, it’s important for workers to understand how to prove that their injuries are work-related so they can obtain the benefits they deserve.
When Is it Necessary to Prove An Injury is Work-Related?
It is assumed that an injury is work-related if it is reported to the victim’s employer within 30 days from the date it was sustained. However, the employer’s insurance company may question whether an injury is actually work-related. If this type of dispute arises, it may be necessary to prove that your injuries were caused by your work.
For example, let’s say you file a claim for a repetitive use injury such as carpal tunnel syndrome. The insurance company may question whether this injury was caused by your job duties or other non-work-related activities.
What Types of Evidence Should You Use?
There are several different types of evidence that you may use to prove that your injuries are work-related, including:
- Witness statements: If you were injured in a workplace accident, witness statements can be used to support your claim. This testimony will prove that you were involved in an accident while performing your job duties.
- Surveillance camera footage: Video footage that shows the workplace accident taking place can also be used to support your claim.
- Medical records: The insurance company may claim that your injury is actually a pre-existing condition that you did not sustain at work. In cases like these, medical records can be used to prove that you did not suffer from any pre-existing conditions.
- Doctor’s testimony: Your doctor can play an important role in proving the link between your work and your injuries. Doctors can explain the severity of your injury, how it was sustained, and how it is related to your line of work.
- Time cards: The insurance company may claim that you were not working at the time you sustained a workplace injury. If this happens, obtain a record of your time cards to prove that you were on the clock when the injury occurred.
The type of evidence you will need to use will vary on a case-by-case basis. It’s best to speak to an attorney about your case to determine the best way to prove that your injuries were work-related.
Have you been injured at work? Don’t let the insurance company deny you of the workers’ compensation benefits you are entitled to by law. Let the experienced team of attorneys at Armstrong & Vaught, P.L.C. aggressively negotiate with the insurer to secure your benefits. Call us now at 918-582-2500, toll free at (800) 722-8880, or contact us online for a free consultation with a skilled attorney.