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– Attorney Eric Overholt, Esq.

Saving evidence for a restaurant workers’ compensation claim

| Jan 27, 2021 | Workers' Compensation |

While 2020 may have put a damper on our foodie culture, there is no doubt that we live in a renaissance of restaurants with seemingly an endless number of new restaurants opening up every month. And, this means that restaurant workers now have their pick of employers. Though, even in the best restaurants, dangers are pervasive, which is why it is so important to understand saving evidence after a workplace accident.

Why it maters

When one is hurt on the job, there are steps one must take to protect themselves. This is because insurance companies have their own investigators, who will take witness and incident reports, with the goal of denying workers’ compensation benefits. Remember, insurance companies could not make money if they approved every claim. This is why it is so important to document and collect as much evidence of one’s injury and accident as possible.

How to collect evidence

For collecting evidence, report the work injury. Do not delay reporting. Keep in mind though that everything one says to their employer is part of the incident report, and one’s words can be distorted.

Next, be sure to document who witnessed the incident and take as many pictures as possible. This includes the injury itself and the scene of the accident. If one has to go to the hospital, ask a co-worker to take pictures.

If the DWC-1 form was not provided when the accident was reported, demand it. The worker themselves should be the one that fills in this form.

Of course, if medical attention is needed, get it immediately. Do not “tough it out.” A doctor’s report on the date of the injury can be crucial in proving that the injury occurred as a result of the workplace accident. Plus, delaying medical attention can make injuries much worse.

Seek help

If this sounds daunting, it can be, which is why we are here to help. We can help protect the rights of injured workers immediately, including guiding one through the process immediately, even just after an accident occurred. Keep in mind that your San Diego, California, metro area, employer may want to help, but their insurance company does not. This is why it is so important to have someone that is fighting on the victim’s side.

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