Determining Negligence in a Workers Comp Lawsuit

Typically, either a worker or the employer’s insurance company will contest evidence submitted during the review process of a case. This may mean that a case goes to court before it is resolved. If a lawsuit is filed, a lawyer may be able to prove that an employer was responsible for the injury or injuries suffered by an employee.

First, a lawyer could review and present medical records indicating that the employee was healthy prior to the day the injury occurred. It may also be possible to include statements from medical professionals proving that the injury could only have happened at work or that it is most likely that is where it took place.

Next, a lawyer may acquire copies of an employer’s safety records or any safety policy that they may have. If the employer does not have a written safety policy or has a history of previous employee injuries, it could bolster the claim made by a worker for benefits. In most industries, OSHA requires that there be a written safety plan or some protocols in place to ensure worker safety.

Finally, a lawyer can find and get in touch with experts who will be able to testify on the worker’s behalf. These experts may be familiar with employer law, familiar with the machines that the employee used, or any other relevant issues in the case. Their testimony may counter any expert testimony that the insurance company or employer may use to defend their own legal arguments.

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