If you sue your non-subscriber employer for damages after you have been injured at work, your employer will be motivated to try to limit any compensation you might be awarded. And while they are prohibited from using some defenses, the fact is they still have a range of options—and they simply will not want to pay you any more than they absolutely have to.
This is why you need to have solid evidence your lawyer can use to build your case for compensation. Let’s look at some kinds of evidence that can be helpful.
- Incident report. After an accident at work, there should be an incident report for you to fill out describing what occurred. If there is not, you should write your own record of what happened.
- Medical records. A complete record of your injuries and the care you are receiving for them can help establish what sort of expenses and ongoing limitations you are facing.
- Testimony of coworkers. If there were witnesses to the accident, their testimony could be crucial to your case.
- Photos and/or video. If someone took photos or a video of the incident—or the immediate aftermath—these can help establish what happened and why.
- Employment records. Your history with the company can demonstrate how much you lost in wages and benefits as a result of your injuries—and how much you stand to lose if your injuries prevent you from returning to work for an extended period.
- Training logs and agendas. Were you properly trained, and did that training include safety information? If the answer to either of those questions is “no,” that can be a relevant part of your argument that your employer is responsible for your injuries.
- Maintenance logs. Knowing whether any equipment you were using at the time of your accident was in good repair is an important detail when building your case.
- OSHA violations. Does your employer have a bad record with OSHA? If so, those violations may well be relevant to your case.
- Expert witnesses. Medical experts, accident reconstructionists, engineers, and other experts can testify about key portions of your case.
After An Injury, You Need Expert Legal Representation
If you have been injured on the job and your employer is a non-subscriber (please note: SJ Injury Attorneys do not handle workers’ comp cases), we can help you get the compensation you deserve. Contact us today for a free consultation about your case.