If you get injured in a work-related accident, you may qualify for workers’ compensation and/or a settlement from a personal injury claim in Texas. A key piece of evidence used in most work injury claims is eyewitness accounts. If no one was around to witness your work injury, however, this does not mean that you cannot make a financial recovery. You may simply need to rely on other sources of evidence to support your injury claim instead.
You Can Still Qualify for Workers’ Comp
Texas’s workers’ compensation system is a no-fault program. This means that an injured worker is eligible for financial compensation with or without proof of negligence or someone else’s fault for the injury. As long as you can show that you have an injury or illness and that it was caused by an occupational task, you will qualify for coverage under your employer’s workers’ compensation insurance policy.
You do not need to provide evidence that someone else caused your injury for a workers’ comp claim, meaning it typically does not matter if no one witnessed the injury. It is important to report your injury immediately to your employer, however, and to get medical care to document your injury. If your employer does not have workers’ comp insurance or you believe that you have grounds to file a personal injury claim instead, start searching for evidence to support your claim as soon as possible.
Find Other Sources of Evidence
Eyewitness accounts and signed statements can provide strong evidence during a personal injury lawsuit in Texas. Witnesses have details and information about the incident that no one else has. They can support your injury claim by confirming that your version of events is accurate and true. If no one saw your accident take place, however, don’t worry; other sources of evidence can make up for this missing testimony. Do your best to gather the following types of evidence right after your work accident:
- An accident report
- Photographs of the scene of the accident
- Surveillance video footage
- Medical records
- A letter from your doctor
- A letter from your employer
- Photographs of your injuries
- An injury journal
- Expert testimony
Typically, other forms of evidence besides eyewitness accounts can be enough to prove an injury claim in Texas – especially if you are filing a workers’ compensation insurance claim. Start collecting other forms of evidence early on, before your employer or a coworker has a chance to clean up, make repairs or remove evidence. Communicate with your doctor, describing the accident in detail so that it goes in your medical record. Follow your doctor’s treatment recommendations and document your injury as much as possible.
What to Do if Your Claim Gets Denied
If an insurance company denies your workers’ comp claim or personal injury lawsuit in Texas, you still have legal options. If the reason that the insurer gives for the denial is insufficient evidence, you may be able to work with a workplace injury lawyer in San Antonio to collect and submit further proof supporting your claim or proving your injuries. This could change the insurance company’s decision on your case even without eyewitness testimony available.
If the insurance company still rejects your claim, your lawyer can help you file a personal injury lawsuit in Texas. Going up against an insurance provider during an injury trial could result in a judge or a jury awarding a judgment award to cover your medical bills, lost wages, and other related losses after seeing the evidence and hearing testimony from experts. An experienced personal injury lawyer can help you with the legal process if you choose this route to recover compensation after a workplace accident.
For more information about a work injury case with no witnesses, contact The Hill Law Firm for a free legal consultation.