It’s incredibly distressing when you have an accident at work. First of all, you have injuries to deal with. Second of all, you may be worried that you don’t have enough evidence to build a case to win compensation for your injuries. However, you don’t need to worry. We’re going to talk you through everything you need to start building a case. Your work accident lawyer can advise you further on your specific case, too.
Ask a Work Accident Lawyer: 7 Things You Need to Build a Case
1. A Sound Body and Mind
First and foremost, you need to focus on your health. Spend some time getting better after your injury. You have one year from the time of injury to file your claim according to the Texas Statute of Limitations, so take a couple of weeks to make sure you recover enough to focus on building a case for your claim.
2. An Experienced Attorney
You should ideally contact an attorney as soon as you can after the accident. You can do this while you’re still recovering, as you can schedule a virtual consultation to take place while you’re resting in the hospital or at home. Empathetic and experienced Houston work accident injury lawyers shouldn’t have a problem with this.
Once you consult with an attorney, they’ll then decide whether or not to take your case. You should note that work injury attorneys work on a contingency fee basis. Therefore, they don’t get paid unless you win your settlement. This means you have an excellent chance of winning your case, as an attorney won’t want to take on a case they don’t believe they’ll be paid for.
3. A Report With Your Company
If you haven’t reported the accident to your colleagues and management, then now is the time to do so. However, you most likely have this already done. Just ensure your workplace is aware of the accident and hasn’t brushed it off as irrelevant. Showing that you’ve made your workplace aware of the issue will help you build your case.
4. A Collection of Photographic and Video Evidence
Ideally, you’ll have photographic or video evidence of your accident. This means pictures and videos of your injuries, and perhaps photographic evidence that the site you were working on at the time was unsafe. It’s alright if you didn’t get these videos or pictures before the accident. CCTV footage from the date of the accident can help show the site was unsafe when the issue occurred.
5. A Record of Your Expenses and Losses
You can’t win anything if you have no expenses and losses to show. Keep track of your medical fees, lost income, and anything else that’s costing or losing you money. You should also evaluate how you’re feeling mentally, as you may be entitled to compensation for emotional distress.
Ideally, you should also get an estimate of how much this accident is going to cost you in the future. If you’ve been permanently injured or disabled, then you can also add future loss of income to your claim. You can even claim for expenses such as prearranged trips and holidays that had to be canceled due to your work accident.
6. A Medical Report
Your workplace’s insurance company isn’t just going to believe you without question when you tell them about the injuries you suffered due to your accident at work. You need to be examined and potentially have your medical records checked by another practicing physician. This person can’t be the doctor who treated you for your injuries. This medical assessment will help prove your injuries didn’t predate the work accident.
Your lawyer will likely know somebody who can help you with this part of making a claim and building a case. They’ll have gone through this process in the past, so they know physicians who’ll be willing and able to assist.
7. A Witness
Did any of your co-workers witness your accident? If so, your attorney will want to speak to them to help build your case. Ideally, you’ll have collected the names and contact information of witnesses right after the accident occurred. You can also collect information from the witnesses at a later date if you remember who was there. Ideally, give your attorney the names of the people you feel will be the most cooperative when answering questions.
Evidence, witnesses, proof of your expenses and losses, and an excellent attorney can help you win a work accident injury case. All of these things combined can help you build a case that solidly proves you’re injured and entitled to compensation for it. Do everything you can to collect as much evidence as possible, and ensure your case is in the capable and experienced hands of a work injury attorney who knows Houston laws.
