Does Someone Have to Witness My Work Injury in Pennsylvania?

Work injuries can happen in many different ways and under vastly different circumstances.  While some work injuries will result from accidents in the middle of the manufacturing floor or on a meat packing line where everyone can see, others will happen in private or over time where having a witness is impractical.

In general, there is no requirement that you need a witness to file a Workers’ Compensation claim or to get coverage for your injury.  In fact, many work accidents will not be witnessed, and it would drastically cut off access to claims if we did have a witness requirement.  Even so, you do still need to prove that the accident happened and that it was work-related, which leads to employers and insurance carriers denying claims and forcing workers to take their cases to court to prove their claim and get the relief they deserve.

For a free review of your case, call our Certified Pennsylvania Workers’ Compensation Lawyers from Cardamone Law at (267) 651-7945.

Am I Required to Have a Witness for My Workers’ Comp Case in Pennsylvania

If you are trying to file a Workers’ Comp claim, having a witness is not an absolute requirement.  Having someone who saw the accident will always help, especially if they were a manager or higher-up at your workplace.  This allows you to have people who can corroborate your claims about your accident, and they will be even more believable and undeniable if they are in positions of authority at your job.  However, having a witness is not a requirement.

Instead, there are really just a few elements to your claim that our Allentown, PA Workers’ Comp lawyers will need to prove, including that you were an “employee” (as opposed to a contractor), that you gave proper notice of the injury within 120 days, that you suffered an injury in the course of your employment, and that it results in a disability that keeps you from being able to earn income.  Even so, you still need to be able to prove these elements, which might be difficult without witnesses.

How Do Witnesses Help with a Work Injury Claim in Pennsylvania?

When you go to prove your case, you need to prove to the Workers’ Comp Judge that the injury was work-related.  This often means explaining the facts of your accident and how that accident resulted in your injury and disability.  Having eyewitness accounts from people other than yourself can help prove this claim.

First, witnesses can relay the facts of what they saw.  This means that, even if you said nothing about what happened to you, those witnesses would be able to tell the story.  Relying on outside facts from neutral parties can make your case stronger because those witnesses have no reason to lie, and the judge will be likely to take their word for fact.

Second, having neutral witnesses who can corroborate your own story helps make you more believable to the judge.  If the defendant – your employer and their insurance carrier – are saying your injury was not work-related, but you and three witnesses agree that it was, the judge may be more likely to believe you.  Then, since you have already proven yourself trustworthy, the judge might be more likely to also believe you when you say that your injury is disabling or that it makes it hard to walk or lift boxes.

Lastly, strong evidence from multiple witnesses can help pressure a settlement.  If your employer wants to deny your claim but knows that you have several witnesses lined up who will agree with your claim about the facts, then it might show them it is not worth fighting against you in court.  Strong evidence can push an employer toward settling and saving themselves the extra expense of depositions, having their lawyers draft court filings, and taking the case before a judge.

Alternative Evidence to Witness Testimony in Pennsylvania Work Injury Cases

Whether you have witnesses or not, other evidence can help accomplish the same goals of relaying what happened, corroborating/reinforcing your claims, and pushing a strong case toward settlement.  Some accidents happen when you are by yourself, and there might be no one else who can say what happened to you.  In those cases, the following pieces of evidence might help – and some might be needed in any case, whether you have witnesses or not.

Your Own Testimony

You will usually be asked to at least give a deposition if not actually testify in your own Workers’ Comp hearing.  Your story about what happened will often be the core evidence you have, whether you have other witnesses or not.  Our attorneys can prepare you to testify at your hearing and help you understand that you do not need to be an expert on the medical or legal side of things; you just need to explain the facts of what happened to you and how your ability to work is impaired.

Security Footage

Depending on where you work and what kind of work tasks you do, it is possible that your accident was caught on camera.  If you can get a hold of security camera footage, dashcam footage, or other video of the accident, we can present it to the judge to prove the place, time, and manner of the accident.

Medical Records and Doctors’ Reports

When you get injured at work, you will need to seek medical care and have medical records created.  These records and the reports from your treating physicians will be necessary evidence in your case.  You may also need to see doctors specifically to get reports for this claim that can help show your injury was work-related.  Having strong records and reports from a doctor might be the core piece of evidence that convinces the judge your injuries were work-related.

Physical Evidence and Photos

Physical evidence and photos of an accident scene can help corroborate your story when the evidence matches with your story.  For example, if you claim that a piece of machinery cut off your finger, and you have photos of the machine covered in your blood, it is going to be hard for the defense to challenge that.  Evidence like this is pretty important when available, but it is not available in every case.  Some accidents involve injuries or repetitive stress with no outward signs of injury, meaning that photos or physical evidence would not really be available.

Call Our Workers’ Comp Lawyers for Injured Workers in Pennsylvania

If you were hurt at work, call Cardamone Law at (267) 651-7945 for a free review with our Bucks County, PA Workers’ Compensation lawyers.