Necessary Evidence for Workers’ Comp Claims

Posted in Workers comp claims on December 12, 2022

When you sustain an on-the-job injury, the last thing you should have to deal with is a workers’ comp denial. Workers’ compensation insurance is a no-fault system, which means your claim should be accepted regardless of who caused the incident, with very few exceptions. However, that does not mean you shouldn’t do everything possible to gather evidence. Here, we want to discuss the main types of evidence needed to ensure that your workers’ compensation claim in Arizona is accepted.

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What Evidence is Needed for the Workers’ Comp Claim to be Accepted?

Unlike personal injury claims in civil court, Arizona workers’ compensation claims typically have nothing to do with proving negligence or liability. This is the benefit of a no-fault system. However, documenting everything about the injury with good evidence can help prevent unwarranted claim delays or denials.

There are various types of evidence you (or your attorney) can gather to help ensure a smooth claims process. This includes:

Evidence from the scene of the incident. This may not be possible to gather right away, depending on the severity of the injury. However, when a workplace trauma occurs, it will be helpful to gather evidence. This can include using a camera to take photos of the area, the injuries, causes of the injury, and any other relevant objects.
Statements from eyewitnesses. There are often eyewitnesses to workplace injury incidents. These individuals could provide statements to supervisors or the insurance carrier about what they saw.
Any accident reports. Most employers have some sort of official accident reporting process. It is crucial to obtain that accident report to ensure accuracy.
Medical records. Workplace injury victims should go to the doctor as soon as they know they have been harmed. They need to let the doctor know that they suspect the injury occurred due to work-related duties. Any medical records related to the workplace injury will be the evidence needed for a successful workplace injury claim to move forward.
Medical bills. Injury victims will receive medical bills, and these bills are further proof of the injury and the related expenses. All bills need to be copied and turned over to the insurance carrier.
Employment records. Employment records not only prove that a person is indeed an employee covered by workers’ compensation, but they can also show a person’s wages. This will be used to calculate the total value of the workers’ compensation claim.

It is crucial to preserve the evidence obtained. This includes making copies of every original document to ensure nothing is altered by an employer or the insurance carrier later on.

Do You Need an Attorney to Help

If you receive any pushback from your employer or the workers’ compensation insurance carrier about your claim, you need to speak to an attorney as soon as possible. An attorney can step in and take over all communication with other parties. They will work to gather the evidence needed to prove what happened and work to organize the evidence in a way that will make your claim harder to deny.

Avery N Crossman

Ms. Crossman is a State Bar Board Certified Workers’ Compensation Specialist and is past Co-Chair of the State Bar Workers’ Compensation Section. She has served as a faculty member at the State Bar Seminar on Professionalism and is a former Judge Pro Tempore in the Arizona County, Justice, and Superior Courts. In the past, she has spoken at seminars on Workers’ Compensation sponsored by the Industrial Commission of Arizona and the Arizona Association of Lawyers for Injured Workers. Ms.Crossman is a long-time member of the Arizona Association of Lawyers for Injured Workers. She is also a member of American Mensa.