Dealing with a workplace injury can be overwhelming, and gathering information from witnesses may be the last thing on your mind. However, quickly obtaining witness statements is one of the most important things you can do to protect your rights and support your workers’ compensation claim in New York. Here, our attorneys at Nappa, Monterosso & Poznansky, LLP, explain how witness accounts are a vital element of a successful workers’ compensation claim in the greater NYC area.
Common Types of Witnesses in Workers’ Compensation Claims
A witness is anyone who observed an accident or has knowledge about the conditions that led to a workplace injury or occupational disease. This includes coworkers, managers, customers, outside contractors who were present at the time or anyone else who saw what happened. Witnesses also include people who can testify about your physical and mental condition after an injury, such as family members, friends, coworkers, and medical professionals.
Why Witness Statements Are So Important After a Workplace Injury
If your employer or their insurance company questions the validity of your workers’ compensation claim, having someone else confirm how an accident or injury occurred adds an extra layer of credibility. Even if you don’t think someone has relevant information to share, it can’t hurt to gather a statement and contact information so your workers’ compensation lawyer can speak with them and determine whether their testimony can help substantiate your version of events.
Witnesses can:
Corroborate Your Story
Employers or insurers often dispute whether an injury happened on the job, the seriousness of your injuries, and whether an accident even occurred at all. Statements from people who saw the workplace accident or its aftermath can help establish that it took place the way you described. If you receive a workers’ compensation denial and need to file an appeal, testimony or written statements from witnesses can make it much more difficult for an insurer or employer to deny your claim.
Share Details about What Happened
After an injury, you may be in shock and unable to recall important details that can affect your workers’ compensation claim. Witnesses may remember details such as unsafe working conditions or how faulty equipment malfunctioned. These details may not only be relevant to your claim but could also help prevent other workers from being injured in the future.
Provide an Unbiased Perspective
Even though most workers are honest about how their workplace injury or illness occurred, insurance companies often question their credibility to downplay injuries and deny claims. Witnesses don’t have a financial stake in the outcome of your case, so offering an objective viewpoint can boost the credibility of your workers’ compensation claim.
Why Acting Fast is Crucial After a Work Injury
The sooner you gather witness information, the better. Memories fade, and the longer you wait the more likely it is that the details they share may not be as accurate. Jotting down notes and getting witness statements as soon as possible helps to ensure you’re documenting the most accurate version of events.
Key witnesses may also leave the company, transfer to another department, or be difficult to reach. Although your workers’ compensation attorney may be able to track them down, they may not be able or willing to testify if a lot of time has passed.
If there are inconsistencies in your story or it lacks detail, an insurer may use it against you. Witnesses who are interviewed later may give a different account because they don’t correctly recall what happened. This can significantly harm your workers’ compensation claim. By taking swift action, you minimize the risk of inconsistent or conflicting information jeopardizing your case.
How to Effectively Gather Witness Information
Although your first priority should always be to seek medical attention, once your condition is stable, it’s important to take certain steps to protect your rights. If you’re unable to gather witness statements because you’re in the hospital or seriously injured, consider enlisting the help of a trusted coworker or workers’ compensation lawyer.
Write down a list of who was nearby when the accident occurred. Also include names, job titles, and contact information for anyone who rendered aid and supervisors who were informed of the incident.
If possible, write down everything you remember about the incident, including the date, time, location, and sequence of events. Ask witnesses to write a brief account of what they saw as well. Even informal emails or notes can provide valuable evidence later. If your claim is denied , your workers’ compensation lawyer may contact them to testify at your appeal hearing.
Let witnesses know that you appreciate their input and that their honesty can make a big difference in the outcome of your claim. It’s important to keep in mind that they may be apprehensive about speaking out because they fear retaliation from your employer. Reassure them that their cooperation is legally protected and retaliation by employers is against the law. If you or any witnesses do encounter issues like this, make sure to tell your workers’ compensation attorney right away.
How Our Staten Island Workers’ Compensation Lawyers Can Help
After a workplace injury, you don’t have to handle everything alone. Our compassionate, skilled workers’ compensation lawyers can help identify witnesses you might not have considered, reach out to them on your behalf, take their statements, and use the information they provide to support your case. Our experienced workers’ compensation attorneys also know how to prepare witnesses for testimony and depositions if necessary.
If your New York workers’ compensation claim is delayed or denied, tenacious legal representation and credible witness accounts can give you the best chance of a successful outcome. As the largest workers’ compensation law firm in Staten Island, we’ve helped thousands of injured workers in the greater New York City area get the benefits they need and deserve. Our Spanish-speaking clients can rely on attorney and Partner Rolando Cubela to provide legal representation they can trust.
Contact a Staten Island Workers’ Compensation Lawyer Today
At Nappa, Monterosso & Poznansky, LLP, we’re passionate about making things right for injured workers and their families. To learn more, call 718-273-9000 or contact us schedule a free consultation with a workers’ compensation attorney in the greater NYC area.
