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

Oftentimes, when an employee is injured on the job, there is someone else around to witness the incident and provide supporting testimonial. But what happens if you are injured at work and there is no one around to substantiate your claim?

Because employers and their insurance providers want to protect their bottom line, it is quite possible for a workers’ compensation claim with no witnesses to be initially denied. Though there is no requirement under the law that an incident needs to be witnessed, there are some things you can do to increase your chances of receiving the compensation you deserve. Here are three steps you should take after any workplace injury - witnesses or not.

1. Report the Injury

It’s critical to report your workplace injury as soon as possible after the incident occurs. Reporting the injury to your employer right away allows you to better prove that the injury took place at the time and place you say it did. If the incident produces visible injuries, it also provides proof that an injury did occur.

If an accident occurs on a Friday, it is particularly important that you make a report before leaving for the weekend. Reporting an injury on Monday that occurred on the previous Friday presents as a major red flag and may make your claim easier to deny.

2. Be Detailed

When you report your injury, it’s important to be as detailed as possible. Your report should include details like a description of your surroundings at the time of the accident, the time and place, and a comprehensive account of how the incident occurred. It’s also important to list every potential body part that may have been affected. Many times, employees focus on only the area that is injured the worst and fail to mention other related body parts.

3. Communicate With Your Doctor

Provide similar details to your doctor, and be thorough when explaining your symptoms. Providing accurate details and symptoms not only allows your doctor to provide the best treatment they can, but it can also serve as evidence in your workers’ comp case. Be sure not to exaggerate your symptoms or mislead your doctor. 

In addition to these three important steps, there are a few other things you can do in the event of a workplace injury with no witnesses. You can use the following as evidence to support your claim:

• Photos of the scene and your injuries. Use your cell phone to document injury to the body – for example bruising or cuts. Also use your phone to take photos of broken equipment or missing safety equipment or guards, if applicable.

• 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

What to do When Your Claim is Denied

It’s likely that your witness-less workers’ compensation claim will be denied. This doesn’t mean that’s the end of your case. You still have the right to appeal your claim. In California, you can appeal a denial of claim by requesting a hearing in front of your local Workers' Compensation Appeals Board judge.

You may choose to appeal the decision on your own, but enlisting the help of a workers’ comp attorney who knows everything that must be included in the application, will make the process much less intimidating. At Cole, Fisher, Cole, O’Keefe + Mahoney, we have successfully appealed countless workers’ compensation claims - including many with no witnesses.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.