What Kinds of Documentation Are Needed to File for Workers’ Compensation?

Workers’ compensation allows you to receive assistance if you suffer an injury or develop an illness at work. Workers’ compensation is a type of insurance that covers medical expenses and lost wages, but filing a claim is not always simple. All too often, people who have suffered injuries in workplace accidents get denied.

Denials commonly occur due to a lack of the right documentation. If you’re not able to present clear evidence that you suffered an injury at work that keeps you from performing your duties, you can end up with denial after denial. So what type of workers’ compensation documentation do you need?

Employment Records

To be able to receive compensation for the wages you have lost, you need to provide documentation that shows your earnings for about a year before the injury. Pay stubs and all other paperwork that demonstrates your salary, commissions, bonuses, and other benefits you received for that year can establish exactly what you missed out on after the injury.

If you returned to work in a reduced capacity, gather the records of these lower earnings, too. That can paint a clear picture of just how much the injury has impacted your earning potential.

Medical Reports

Workers’ compensation claims require that you demonstrate with irrefutable evidence that you sustained a work-related injury or illness. You will need an overwhelming amount of medical records to accomplish this.

One of the reasons why it’s so vital to quickly get medical care after suffering an injury is that it can be much harder to prove that your injuries occurred at work if you delay. You have to establish that there is a direct link between your work and the harm you suffered.

Gather all documentation you may have regarding your injury. This could be your doctor’s notes, hospital records, diagnostic test notes, and information on the various treatments that you have received. If your doctor has restricted the types of work you can do, you’ll need this clearly documented, too.

Don’t forget to collect all of the receipts for medication costs, travel expenses for going to treatments, and all other bills you may have accumulated because of the injury. Your doctor will also need to provide a comprehensive report on the treatments that they recommend and how long it might take for you to recover.

Documentation Establishing Connection Between Injuries and Work Duties

One of the most challenging aspects of these cases is establishing that the injury you suffered was the direct result of your job. Your doctor and other medical professionals can help.

For example, if you sustained a herniated disc that impacts motion while doing heavy lifting at work, your doctor can clearly explain the connection and prove it by presenting imaging studies showing the damage to the impacted disc.

Accident Report

You’ll also need to present the accident report you submitted to your employer. In personal injury claims, you typically need a police report, but for these claims, demonstrating that you immediately let your employer know of the injury is essential.

Witness Statements

If there were eyewitnesses to the accident that resulted in your injuries, gather their statements. These can offer unique perspectives that could help you receive the coverage you need. Witness statements need to have as much detail as possible, along with full contact information.

Time-Loss Records

You will need to have a record of all of the hours of work that you missed because of the injury. Without this information, you cannot be compensated appropriately. Make sure to include information about whether you typically work overtime, since that could be covered, too.

Correspondence From Your Employer

Keep all messages you receive from your employer regarding your injury and your claim. These communications can protect you if your employer claims that you never told them about the injury or other similar issues.

FAQ

What Steps Should I Take After Suffering an Injury at Work?

Getting medical care should always be your first thought. Delaying getting assessed by a doctor could raise red flags when you file a claim, so contact emergency services or visit your primary care provider at once. You then need to let your employer know of the accident so that they can file a report and begin the claim process.

Can I Submit Photos or Videos as Evidence in a Workers’ Compensation Claim?

Yes. If you have photos of your injuries or videos of how the accident that led to them occurred, you can submit them with your claim.

How Long Do I Have to Begin a Workers’ Compensation Claim in Virginia?

You must report the injury to your employer within 30 days of the incident. You should not wait that long. The statute of limitations then gives you up to two years to file this type of claim. The two years start running from the moment you suffered the injury or from when you were diagnosed with a work-related condition.

Can I Be Fired for Filing for Workers’ Compensation?

No, federal law doesn’t allow employers to fire you for exercising your right to file for workers’ compensation.

Trusting Experienced Attorneys With Your Claim

If you have suffered an injury at work, hiring an attorney experienced in workers’ compensation law can help you fight for the compensation you deserve. At Commonwealth Law Group, we provide the guidance you need. Contact us to schedule a free case assessment.