Workers’ compensation cases often hinge on witness testimony. On the one hand, you were an obvious witness to your own accident and can testify about what happened and how you were injured. But your own testimony might not be enough sometimes. The insurance carrier might believe you injured yourself or were engaging in horseplay when the accident happened. Or they don’t believe your injury occurred at work. In other words, they think you are lying—and they deny workers’ compensation benefits for that reason.
At Larson & Gallivan Law, we understand how witnesses can make or break a case. For that reason, we work closely with our clients to identify helpful witnesses who can establish critical facts about your workplace accident. Call us today. Below, a Vermont workers’ compensation lawyer identifies some of the most common witnesses and how they can bolster your claim for benefits.
Medical Experts
One bone of contention in a workers’ compensation case is whether you are seriously injured. Sometimes, insurance carriers allege you are exaggerating your pain and can really head back into work. They want you to return to light duty before you are ready.
We use medical experts to testify about:
- The severity of your injury
- Whether your injury was pre-existing
- Whether a workplace accident aggravated a pre-existing injury
- The sources of your pain
- Whether treatment is likely to improve your condition
Medical experts are also helpful in occupational disease cases. For example, you might have contracted lung cancer, which you believe stems from grinding concrete. The other side claims that you contracted this disease outside of work or that you would have gotten it regardless of what you inhaled on the job. An expert can link your illness to workplace conditions. Without this critical link, it is hard to win benefits.
A medical expert might also provide critical evidence in a case involving a fatal accident or illness. Again, there needs to be a link between your job and the death of your loved one. Your husband might have fallen at work three weeks ago before dying of a brain injury. A dispute will likely arise about whether the fall caused the death. Expert medical witnesses are helpful here.
Accident Reconstruction Experts
Sometimes we need to reconstruct what happened at work to convince a hearing officer that you were injured on the job. An accident reconstruction expert gathers various pieces of evidence and uses them to create 3-D models or animation of the accident. We don’t use these experts in every case, but they are sometimes important.
Occupational or Vocational Experts
Some workers’ compensation disputes involve whether you can be retrained for a new job despite your physical limitations. An insurance carrier might argue that you can easily retrain for a new job, so they quickly cut off your disability benefits.
A vocational or occupational expert can provide independent testimony about what jobs you might be able to work given your pain and disabilities.
Accident Witnesses
Another major dispute involves whether you were injured at work. The other side might concede you are, in fact, dealing with a serious injury. They just don’t believe it happened while working.
We often use witnesses to the accident to strengthen your claim. Their perspective is helpful at convincing insurance carriers and administrative law judges that the accident happened as you claim. Some people might discount your own testimony as self-serving, so having neutral third-party witnesses is a big help.
Some people who might have observed your workplace accident include:
- Coworkers
- First responders
- Customers
- Bystanders
It’s okay if no one witnessed the event. Maybe you work alone or in a remote location. We can try to bolster your claim with other evidence, such as employer video.
Equipment Experts
If you were hurt by equipment, then an expert can help explain how. They might work with accident reconstruction experts. The hearing officer might be totally unfamiliar with your jobsite, so experts can help them visualize how you were injured.
An expert might also inspect goggles, respirators, masks, and other personal protection equipment to uncover any defects. That testimony is helpful for showing you suffered an on-the-job injury.
Let Us Find & Prepare Witnesses
Injured workers should remain focused on healing. You should not spend an hour tracking down witnesses. Let us do that work for you. One of the benefits of hiring an experienced Vermont workers’ compensation lawyer is that we do all the legal legwork for you.
We can also help prepare witnesses. Maybe your witness will provide a written statement in your case. We can help them draft one that provides useful information. In other cases, a witness must testify in a deposition or a hearing. We can prepare them for what to expect in terms of questions.
You are also an important witness, and we realize many people are nervous about testifying in front of other people. We have helped many clients prepare for their hearings. The best testimony is:
- 100% accurate and truthful. Never exaggerate. Never guess about something you don’t know.
- Concise. There is no reason to volunteer unnecessary information at a hearing. Simply answer the question asked.
- Natural and believable. We don’t provide “canned” answers for our clients to recite. Instead, we help you clarify in your own words what you mean.
- Consistent. You might need to tell your version of events multiple times, such as in a deposition, information hearing, and trial. You want to tell a story that is consistent in all major details.
- Confident. Appearing overly nervous makes you appear less credible. A person who speaks confidently inspires trust in other people.
Contact Larson & Gallivan Law for a Consultation
Our Vermont workers’ compensation lawyers are ready to roll up our sleeves and jump in to help anyone denied benefits after an on-the-job injury. Give us a call today to schedule a free consultation. Vermont’s workers are the backbone of the states’ economy, and they deserve help after suffering an injury or illness at work. We can help find useful evidence to use in your case, including witnesses or video.
