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Documentation is Key

by FranksKoenig NeuweltOct 30, 20180 comments

Documentation is Key

When injured in a workers’ compensation accident you can be sure that your best bet to receive medical care and lost wages is to document the accident and your injuries, and then hire an experienced Palm Beach County workers’ compensation lawyer.

An example of successful documentation involves one client who took pictures on her phone of the workplace after the accident. This was important as the boss was very mean and rude, and went so far as to put large orange cones all around her workspace after she reported the injury. After we were hired, the employer denied knowing of the accident. Imagine their surprise when we provided those pictures and asked, “Oh, really? Then why is there a picture of you putting up cones on her workspace on the day of the accident?” Imagine their surprise and how quickly they changed their tune.

However, we had one potential client who reported the injury but never formally filed an incident report. He had told his supervisor, but they decided not to do anything about the accident. Several months later he was fired and consulted us about his ability to file a claim. He told our Palm Beach County workers compensation attorneys that he had not filed anything with the employer, but he told his then supervisor and we asked if he thought that individual would be willing to speak up for him, testify on his behalf, or sign an affidavit to support his claim. His response was that this person had recently been promoted to store manager, and that something like this, a supervisor at any level not reporting the claim, may lead to his being fired. – The potential client neither wanted to ask nor thought the manager would risk his new job.

Had this client emailed the manager and kept the email, he could have preserved his chances of successfully pursuing a claim. Even text messaging your employer is helpful. However, be careful, as no phone company keeps track of the content of the text messages, many do not keep records of the numbers to or from which texts were sent, and iMessages do not appear on billing statements.

While it would be great to be able to rely on your co-workers or bosses to help you out, they rarely have your back. Remember, you are asking your co-workers to stick their neck, and their job, out on the line for you. Imagine the pressure they are getting from your boss or your boss’s boss to keep quiet and not rock the boat. When a Palm Beach Gardens work injury lawyer calls them to give a statement, how likely is it that they will do the right thing for you?

Documenting your case is not just limited to reporting the accident to your employer. Make sure to document all of the injuries you sustained, even if they begin to appear in the days or weeks after the accident. It is on you to tell your doctors about all body parts injured, even the ones they tell you they are not authorized to treat. This means you need to list your injuries on the intake when you are first seen. If you speak with a nurse or a physician’s assistant, make sure they write down each and every body part that you think you injured. – Judges will look to the first examinations, hospital visits and medical reports when determining if a body part was injured during the workplace accident. – Don’t lose out on treatment because you failed to write something down because you were in a hurry or in pain.

Properly documenting your injury and accident can help you prevail in your workers’ compensation claim. – – Contact the Law Offices of Franks, Koenig & Neuwelt to speak with an experienced Palm Beach County work injury attorney today.

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We have offices in Florida, Georgia and Illinois. It is not only important to talk to an experienced workers’ compensation lawyer when you have been hurt on the job, it is also the best way to make sure that you receive proper medical services and lost wages you are entitled to under the law. After all, the Workers’ Compensation law was created to protect you – the employee.

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My husband was hurt and never dealt with an attorney before. He looked up attorneys online & thru the grace of God got Lissa Dorsey as his attorney & she was truly amazing! She was very involved, always returned our phone calls & made the whole process as easy for us as she possibly could while my husband treated with Dr's and started his healing process. I would recommend her to any & everyone without a doubt.
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