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What Role Do Witnesses Play in a Workers’ Compensation Case?

BY: Koszdin | Wednesday, November 16, 2022.

In a workers’ compensation case, witnesses can play a crucial role in establishing the facts of the case and supporting the claims made by the injured worker. A witness is someone who has firsthand knowledge of the incident or injury and can provide testimony or evidence to support the worker’s claim. Their testimony may be particularly valuable in circumstances when it appears an insurance company may wish to deny a workers’ compensation claim.

There are several types of witnesses that may be involved in a workers’ compensation case, including:

  • Eyewitnesses: Eyewitnesses are individuals who were present at the time of the incident or injury and can provide testimony about what they saw or heard. This may include coworkers, supervisors, or other individuals who were nearby when the injury occurred. For example, if you were injured in a car accident while driving for work, witnesses might include other motorists with whom you were sharing the road. Or, if you were injured while working at a retail store, witnesses may include customers.
  • Medical witnesses: Medical witnesses are healthcare professionals who treated the injured worker and can provide testimony about the nature and extent of the injury, as well as the recommended treatment. This may include doctors, nurses, physical therapists, or other medical professionals.
  • Expert witnesses: Expert witnesses are individuals with specialized knowledge or expertise in a particular field that is relevant to the case. For example, an expert witness may be a safety expert who can provide testimony about the safety measures that should have been in place at the time of the injury.

The role of witnesses in a workers’ compensation case is to provide testimony or evidence that supports the injured worker’s claim. This may include describing the circumstances of the injury, the nature and extent of the injury, and the recommended treatment. Witnesses may also be asked to provide opinions or testimony about the cause of the injury or the safety measures that should have been in place at the time of the incident.

In order to be effective, witnesses should be credible and have firsthand knowledge of the incident or injury. They should also be able to clearly and accurately describe what they saw or heard, and be prepared to testify under oath in court if necessary.

If you’ve been injured in a work-related accident, you may already be able to identify witnesses who saw the accident occur. Your workers’ compensation attorney can help you identify any other witnesses who may be able to strengthen your claim.

This is just one of the many reasons to enlist a lawyer’s help when seeking workers’ compensation benefits. At Koszdin, Fields & Sherry, if necessary, our Van Nuys workers’ compensation attorneys are prepared to coordinate with witnesses on your behalf, helping you demonstrate to a potentially reluctant insurer why your workers’ compensation claim should be approved. For more information about how we can help, contact us online or call us at ​​818-812-5639.

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