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Workplace Accident: What If No One Sees it?

An employee fel on the ladder.

A workplace accident might be hard to prove it actually happened when you say it did. One of the hardest things about a workers compensation case is proving that your injuries are work related. Companies today lose an awful lot of money to fraudulent workers compensation claims. They have become very suspicious of certain employees’ claims. For example, if you have a spotty attendance record or have been written up recently, your workplace accident may raise a few eyebrows. The same is true if you always complain about your working conditions. Our Cincinnati workers comp lawyers fight an uphill battle trying to prove these cases. However, that doesn’t mean we wont fight for you.

Here, we’ll discuss the various ways our workers compensation attorneys in Ohio prepare for a case like this. Just because there were no physical witnesses to your workplace accident doesn’t mean it didn’t happen. As much as your employer would like to sweep your claim under the rug, we won’t let that happen. We’ll do whatever we can to prove that your injuries were work-related and that you are entitled to benefits.

You Still Need to Report Your Injuries of the Workplace Accident to Your Manager Immediately

Regardless of who saw you get hurt, you still have to report it right away. If you don’t put your employer on notice, there’s no way your workers compensation claim will be paid. If you wait too long to notify your employer about your injuries, there’s a chance you’ll miss your chance to file a worker’s comp claim. In Ohio, you only have a very short time to report your workplace accident. While most states indicate that you have up to 30 days (or longer) to notify your employer of a workplace injury, Ohio law states that this must be done “as soon as possible.”

If you miss this window, you may never be able to pursue benefits. In addition, you won’t be able to file a personal injury lawsuit against your employer. That isn’t an option in workers compensation. Now, if your workers comp claim is denied, you do have one year to file suit. This is because the statute of limitations for workers comp in Ohio is one year. This happens to be one less that you have for regular personal injury cases. Therefore, it’s in your best interest to alert your employer to your accident the same day if possible.

Does Your Company Use Recording Devices?

One thing your workers compensation attorney in Ohio will do is look to see if your employer uses video cameras on their property. If they do, there could very well be a video recording of your workplace accident. Even if your actual accident wasn’t visible on the recording, there could be other helpful information. For example, if you were injured because a piece of shelving fell off the wall, we may be able to find a video showing that the shelf was precariously perched. Or, if you said that you slipped and fell, we can look for proof of an unsafe condition on these video recordings.

The one good thing about this kind of evidence is that it isn’t biased. Nobody can claim that the videos were doctored up or tampered with. After all, they were within the control of your employer. They’re the ones who would have had access to tamper with the recordings.

Hopefully, it won’t come down to your Cincinnati workers comp lawyer trolling through hours of film. Your employer may decide to do the right thing once they realize you’ve hired an experienced attorney. If not, we can always file suit on your behalf.

It’s Important that You Seek Medical Treatment Right Away

Your Cincinnati Workers Comp Lawyer Can Interview Coworkers if Necessary

Even though nobody physically saw your accident, that doesn’t mean there aren’t murmurings about what happened. One of your coworkers could have heard you scream out for help. Another may have seen you lying on the floor after your accident. This is the kind of stuff that can help prove your case.

It’s a good idea for you to start thinking about which of your coworkers can help in the investigation. If you recall running into somebody in the hall in the minutes after your workplace accident, let us know. This gives us a chance to prepare your case and focus in the right directions.

Is There Any Other Way to Explain Your Injuries?

One thing your employer will do is look for another cause for your injuries. For example, their insurance carrier may look at your social media accounts to see if there’s proof that you got hurt on personal time. Or they may talk to your coworkers and see if anybody heard something about how you really got hurt. This may seem invasive. After all, your personal life should be private. However, your employer has a duty to ensure that they only pay out claims that are valid.

What your workers compensation attorney in Ohio will do is find proof that your injuries are work-related. They will also talk to coworkers to see if anybody saw or heard anything. They will also work with you to explain any possible outside causes for your injuries. Essentially, our team will do whatever they can to get you the benefits you deserve.

Your Workers Compensation Attorney in Ohio Can Help Get You the Benefits You Deserve

If you were injured at work but nobody witnessed your accident, you still have options. After all, there aren’t witnesses in every workers compensation case. Our Cincinnati workers comp lawyers meet with clients every week who were hurt while nobody else was around. You may have the kind of job that keeps you isolated from your coworkers. Or you may work on the road meeting with clients. Just because nobody saw you get hurt, that doesn’t mean you don’t deserve workers compensation benefits.

We recommend that you contact our office as soon as possible after your workplace accident. If you think there’s a chance that your claim will be denied, you need somebody by your side. If nobody witnessed your accident, your employer may doubt it really happened. Or they may feel it’s a chance for them to get away without paying you benefits.

Since we offer our clients a free, initial consultation, you have nothing to lose.

Jay A. Bolotin is a partner at the injury law firm of Young, Reverman & Bolotin. Serving the people of Indiana, Kentucky, and Ohio, Jay dedicates his career to helping clients in the tri-state area obtain financial compensation after suffering serious injuries. He focuses his practice on cases involving car accidents, trucking accidents, dog bites and animal attacks, and other types of personal injury incidents.

Years of Experience: More than 25 years
Registration Status:: Active
Bar Admissions: Illinois, Kentucky, Ohio, Indiana, and Cincinati Bar Association