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Can I Still Get Workers’ Comp If No One Witnessed My Accident?

The workers’ compensation system is designed to provide certain benefits to workers who have been injured. As a result, to receive benefits, workers must provide enough evidence to prove they were injured on the job. Because employers and their insurance providers want to protect their bottom line, they may dispute your report and try to prove that your accident didn’t occur at work.

After your accident, whether it be a slip and fall in the office or you were hit by a flying object on a construction site, you should take certain steps to better document your injuries, thus increasing your chances of getting your workers’ compensation application approved.

  1. Report Your Injury: By reporting the accident as soon as possible to your employer and doctor, you can better prove that the injury took place at the time and place you said it did.
  2. Be as Detailed as Possible: Your report should describe your surroundings at the time of the accident, and be specific about the time and place where the accident occurred. You also shouldn’t admit fault in your report.
  3. Communicate with Your Doctor: Give your doctor all your symptoms so they can update your record, which can serve as evidence when you file for workers’ comp. Don’t exaggerate your symptoms.

If there were no witnesses involved in your accident who can back up your claim, there is still additional evidence you can collect, including:

  • Photos of the scene and your injuries
  • Time reports that show you were clocked in when your accident occurred
  • Documentation from your doctor
  • Records of your formal report of the accident to your employer

Additionally, you can call for help right after your accident if coworkers are nearby. While no one may have seen your accident happen, plenty of individuals can be witness to the aftermath.

When Your Claim Is Denied

Just because your workers’ compensation claim was denied, doesn’t mean you don’t have an opportunity to receive benefits. You can still appeal your claim with the help of a workers’ comp attorney who knows everything that must be included in the application.

Steps to making a successful appeal include:

  • Contacting the insurance provider to ask why your benefits were denied
  • Asking the provider if it would reconsider the decision
  • Filing a formal appeal to the appropriate agency
  • Hiring a workers’ comp attorney to handle the process

Our lawyers have helped countless workers appeal their claims successfully. We know what insurance providers need to approve benefits.

We Take the Side of Individual Workers

At Smolich & Smolich, our workers’ compensation lawyers understand that filing for workers’ compensation can be daunting if you’re a worker. Even though you’ve been injured on the job and rightly deserve to receive benefits, it can still be intimidating to file a report with your employer. We can stand by your side throughout the process to make sure your claim is approved – if it’s not, we can provide you with your next steps and fight for your legal rights to compensation. We’ve also helped countless injured workers with their appeal process after they’ve initially been denied.

If you need help filing for workers’ compensation benefits, contact our lawyers at Smolich & Smolich today by calling (916) 571-0400, or contact us online. Even if your claim has been denied, our team can help you appeal the decision and receive the benefits you deserve.

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