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Asking Employers for Evidence of a Workplace Injury

Nevada law provides that workers’ compensation insurance covers injuries and diseases that arise out of and in the course of employment. The worker making a claim bears responsibility for proving that the injury was work-related. In some cases this burden is relatively easy to meet, but in others it can present challenges. Quite often the employer has important evidence that the worker will need to establish and defend a claim.

One source of challenge for injured workers is the financial incentives of employers and insurers to deny claims or limit their scope. Their efforts to do this get much easier if the worker does not have adequate evidence that the injury or disease arose out of and in the course of employment. If an injury’s relationship to the job is clear from the basic facts, the evidence involved may be relatively straightforward. For example, a warehouse employee who is on the clock and injured when a palette falls off a forklift may face few questions about the work-relatedness of the injury.

But other circumstances have given injured workers more difficulty. Here are a few examples:

  • Workers who are injured during breaks.
  • Injuries suffered while traveling, especially if the travel involves an element of personal time.
  • Diseases that are slow to develop, like cancer or hearing loss.

Cases that involve “unconventional” facts require an especially careful approach to evidence. The employer can be a critically important source of vital details that support a claim. A workers’ compensation attorney helps clients get all the relevant information from employers, preferably as soon as possible following the injury to ensure that facts are still fresh. If the employer isn’t forthcoming with details, an attorney can help the client take more aggressive steps to force the issue. And if the employer has deliberately hidden or destroyed vital evidence, the attorney can ensure that such bad faith efforts do not succeed.

Each case involves unique evidence requirements. Here are a few examples of the kind of evidence an employer may have that the worker will need:

  • Evidence of the cause of the injury, to show that the injury happened at work. (Note that because workers’ compensation is a no-fault system, evidence of responsibility for the injury is not relevant.)
  • Testimony from other employees or managers attesting to the facts of the injury.
  • Documentation related to the injury, especially in cases involving diseases where the employer has conducted some analysis that may serve to show the underlying cause.

For over 45 years the law firm of Greenman Goldberg Raby Martinez has helped clients in Las Vegas pursue their workers’ compensation claims. We can help you work with your employer to get the facts you need to ensure that your claim is accepted. Call us today for a free attorney consultation. We can be reached at 702-388-4476 or send us a request through our site.