Case Study: How a Workers’ Comp Attorney Gathers Evidence

There are many ways a workers’ compensation lawyer can help you through the process of filing a claim after you’ve been injured on the job. When you first get in contact with a Rose Legal attorney, you will get a free consultation to determine if you have a viable case. Generally this will entail going over details of the workplace incident, medical records related to your injury, and your current health status. What will your attorney do after taking on your case? A good workers’ comp attorney will gather evidence, deal with paperwork, negotiate with insurance companies, represent you in legal proceedings, and ensure you receive adequate compensation. For this first in a series of articles, let’s look at how one Rose Legal workers’ comp attorney gathered evidence to save the case of Barry Edmund (name changed to protect identity).

The Workplace Injury

Barry Edmund, a truck driver, was hooking a second trailer to the first, when part of the trailer dolly (the equipment connecting the two trailers) flipped up and pinned his chest to the back of the first trailer, twisting and crushing his back into it. He was able to free himself and finish his run, but the sustained injury to his lower back would eventually require two fusion surgeries.

Getting the Facts Straight

The insurance company tried to fight against Barry’s claim by hiring a mechanical engineering expert to prepare a report about the accident scene. Unfortunately for Barry, this report got certain details of the incident incorrect. It thus became one of Rose Legal’s primary tasks to point out these flaws and have the false records thrown out of court. This required careful investigation to figure out which of the injury details were factual errors. Eventually Rose Legal discerned that the insurance company based their measurements and calculations on the wrong location for the site of the injury. Indeed, the elevation of the road played a critical part in determining the nature of Barry’s injury.

A Settlement in Barry’s Favor

Once the attorney gathered evidence, the case moved forward. By pointing out the mistakes and resolving issues regarding proper notification from the insurance company, Rose Legal was able to get a large settlement for Barry Edmund. At the time, Barry was at risk of losing his house to foreclosure. But thanks to Rose Legal’s efforts to pursue maximum benefits on his behalf, he was able to save his home. The settlement ensured Barry received financial compensation for his time off work, as well as the medical care he needed for a full recovery. Thorough research of the injury, the location of the accident, and any equipment involved were key to winning the case.

Evidence to Help Your Case

What are some other typical pieces of evidence worth looking into for a workers’ comp case? Documentation and other bits of proof for your attorney to investigate may include:

• Medical Records — a doctor’s initial diagnosis, hospital forms, reports from a health specialist, treatment plans, pharmacy receipts, physical therapy records
• Incident Reports — accident reports and any other related documents
• Witness Statements — from coworkers, management, or neutral third parties
• Photographs — of the injury, the scene of the incident, vehicles or items involved in the accident
• Security Footage — if the accident was recorded by surveillance cameras
• Doctor’s Statements — linking the workplace incident to your impairment
• Time Cards — proof you were on-duty at the time of the incident
• Payroll Records — what your expected pay is in relation to your claim
• Maintenance Reports — could provide details that support claim of faulty equipment or previous issues
• Financial Records — medical bills, payroll, receipts of pertinent expenses

Note that the particular facts of your case may determine how important each piece of evidence is to your claim.

If you or a loved one has suffered an injury at work or an illness that is work-related, you can contact Rose Legal to schedule a free consultation. All it took was a quick call/email for Barry Edmund to begin the process of getting the financial compensation he deserved. Likewise, once we have the basics of your case, an experienced workers’ comp attorney will be able to analyze the evidence to present the best case on your behalf.