Evidence in a Work Related Injury Claim | PersonalInjuryLawyer.com

A work related injury can take many different forms because there are as many types of injuries as there are types of jobs. Employees can be injured working at a computer, in a factory, or driving a company vehicle. All these types of work related injuries require different types of evidence in making a work related injury claim.

Computer-related Injuries

An employee who works at a desk may experience carpal tunnel syndrome, or back injuries from the repetitive activities required of the job. Evidence of this type of injury would include medical records indicating the onset of the injury was directly related to the time of the work. A prior existing injury is a common defense for this type of injury because defendants will claim the injury was not actually caused at work, but was actually caused outside of the work environment.

Factory/Construction Injuries

A victim injured while performing physical labor on the job will need to provide evidence that the resulting injury was due to the failure of the employer to provide either a safe environment or safe procedures for the completion of the work involved. An employer may try to prove an employee was injured due to the failure of the employee to follow proper procedures. Evidence of an employer’s safety manuals and training can offer proof that the employer did not provide proper training, or did not follow industry standards in establishing safe work practices.

Injuries While Driving Employer-Owned Vehicles

An employee who drives an employer-owned vehicle will need to offer evidence that the accident was not due to his own negligence (or if it was, it was because he was following the instructions of the employer at the time of the accident). An employee injured while driving on the job may be entitled to both personal injury damages as well as worker’s compensation. Evidence that the employee was actually “on the clock” at the time of the accident is critical in order to be considered a work-related injury. The law regarding damages occurring driving to and from work varies from state to state and from circumstance to circumstance.

Getting Legal Help

A work related injury can result in lost wages as well as medical expenses. Work related injuries are always delicate matters because it involves the delicate relationship of employer and employee. A consultation with an experienced personal injury attorney will provide an injured worker the information he needs to protect his rights as an injured victim as well as his job.

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