Millions of employees are injured at work in the United States every year, often forcing them to turn to workers’ compensation for aid. This form of insurance can cover lost wages, permanent or partial disability, and medical expenses during an employee’s recovery. However, to qualify for workers’ compensation, you need to present powerful evidence, leading many to ask, “What kind of evidence is helpful in a workers’ compensation case?’
Trusted Workers’ Compensation Representation for North Carolina Employees
M. Reid Acree, Jr. is an experienced workers’ compensation attorney based in North Carolina. His extensive experience with local courts, insurance companies, and legal guidelines allows him to fiercely represent injured workers across the state. Our team can not only help you understand the type of evidence you need to file a successful claim, but we can also work with you to fill out and file your claim and gather the evidence needed.
The Importance of Evidence in a North Carolina Workers’ Compensation Claim
Under North Carolina workers’ compensation laws, you need to present strong evidence that adequately demonstrates the extent of your injury and that it occurred because of a work-related activity or environment. Evidence can validate the severity of your injuries and your need for benefits while connecting your injuries to your job duties and justifying your need for medical coverage and lost wages. Without powerful evidence, your claim will likely be denied.
What Kind of Evidence Is Helpful in a North Carolina Workers’ Compensation Case?
Every year, millions of workers’ compensation cases are filed across the country. In North Carolina alone, the injury and illness rate was 2.0 cases per 100 full-time workers in 2023. Not to mention, in the U.S. as a whole, there were 2.6 million non-fatal workplace injuries in the same year.
Those who have suffered workplace injuries need to prove that they happened at work if they hope to claim benefits lest they risk a workers’ compensation dispute that doesn’t end in their favor. If you are looking into filing a workers’ compensation claim, this is the type of evidence you need:
- Financial Evidence. You’ll need financial evidence to support claims for compensation for lost wages and medical expenses. Some of the items you can use as evidence include:
- Pay Stubs. To calculate how much is owed for lost wages, you need proof of income, and pay stubs are one of the ways to prove your income.
- Expense Receipts. If you have any out-of-pocket expenses, transportation costs, or other injury-related expenses, having receipts proves you are owed reimbursement.
- Medical Bills. Your medical bills validate your request for compensation for your work-related injuries.
- Medical Evidence. A Mooresville workers’ compensation attorney can help you gather medical evidence to substantiate your workers’ compensation claim. Below are some of the items that count as medical evidence in this state:
- Hospital Records. Your hospital records summarize the treatment you received for your work-related injuries, including medications, surgeries, and any complications experienced.
- Doctors’ Diagnosis and Treatment Plans. This can serve as the foundation of your workers’ compensation claim.
- Specialist Reports. Usually, specialist reports from neurologists, orthopedists, and surgeons help to cement your claim.
- Work-Related Evidence. You need work-related evidence to establish the conditions and context surrounding your workplace incident. Below are some of the items that can count as work-related evidence:
- Accident Reports. You can get your official accident report from your employer. It should have been filed immediately or within the legal timeframe after your workplace injury. On it, you’ll see the sequence of events and any immediate actions taken, which can help your case.
- Incident Reports. Sometimes, a separate incident report may include videos, photos, and other records related to your accident.
- Safety Documentation. Safety documentation is crucial because it shows whether there were any breaches of safety regulations that caused your accident and helps establish liability.
- Witness Evidence. Eyewitness statements are among the most powerful forms of evidence you can gather for your workers’ compensation claim. That’s why it’s essential to work with a workers’ compensation attorney to obtain supervisor, coworker, and third-party statements, as applicable. These statements can prove your injuries occurred at work and shed light on any issues, such as safety lapses.
FAQs
Q: What Is Not Considered Evidence in a North Carolina Workers’ Compensation Claim?
A: Not all the evidence you have for your workers’ compensation claim in North Carolina will be valid. Unfortunately, rumors, unsupported opinions, and inconsistent statements aren’t considered evidence, meaning you can’t use them as part of your workers’ compensation claim. If you try to do so, you risk weakening the validity of your claim, which could lead to a denial.
Q: What Should You Not Say to a Workers’ Compensation Insurance Adjuster?
A: There are a variety of topics you should avoid discussing with an insurance adjuster, which your attorney can help you better understand. For instance, you should not give inconsistent timelines surrounding your work-related injuries. Additionally, you shouldn’t make comments about feeling “fine” or “better,” as the adjuster is looking for any reason to deny your claim or pay you less than you deserve.
Q: How Do You Get the Most Out of a Workers’ Compensation Settlement in North Carolina?
A: To get the most out of your workers’ compensation settlement in North Carolina, you need to hire a lawyer who knows how to fight to maximize your compensation. You should follow all legalities of the process to avoid any delays or denials with your claim. This means you must follow all medical treatment and attend every appointment, document your symptoms religiously, and ensure your wage and work restrictions are accurate.
Q: What Are the Odds of Winning a Workers’ Compensation Case in North Carolina?
A: There is unfortunately no fixed success rate when it comes to winning a workers’ compensation case in North Carolina. Oftentimes, outcomes depend on timely reporting, the strength of medical evidence, witness credibility, and whether your injury was clearly caused at work. However, an attorney can investigate your case to determine the likelihood of its success.
Hire a Workers’ Compensation Lawyer in North Carolina Today
When you file a workers’ compensation claim in North Carolina, you need to do more than simply say you were injured. You need to prove it, which is where evidence comes into play. With powerful evidence and the right law firm on your side, like M. Reid Acree, Jr., Attorney at Law, P.A., you can prove your injuries and increase your chances of securing workers’ compensation.
Contact us to schedule an obligation-free consultation and learn more about our services.