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Work Injury Lawsuits: How to Prove That You Are Unable to Work

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When you sue your employer after sustaining injuries at work, the judge will require you to convince them about your case. In addition, they can ask you to prove that you can't do the job you used to before the accident. In such a case, providing compelling evidence will enable the jury to understand the impact your injuries have on your life. Besides, it will seal every loophole the insurance provider may plan to use to avoid paying your benefits. Here are some measures you can take to prove that you can't work because of your on-the-job injuries.  

Have a Legal Advisor during Medical Examinations

If the insurance provider believes your injuries are less severe than you claim, they might order an independent medical examination to ascertain this. Their physician will examine your medical records to determine the severity of your injuries. They might also contact your treating doctor to confirm some details. In addition, the insurance company doctor may ask you to perform different tasks to determine your working restrictions. For example, they may ask you to pick up something on the floor or go down several flights of stairs.

Remember that the physician is on the insurer's payroll. Therefore, they might force you to take unnecessary tests or alter your records to favor the insurance provider. Therefore, you should consider having a workers compensation lawyer by your side when undergoing medical examinations. They will ensure that you only take the necessary tests and that the doctor records the correct information on their report.

Gather as Much Information as Possible

You need as much information as possible to support your claim if you cannot work. For instance, you require medical records to prove that you sustained severe injuries or the accident worsened your existing condition. You also need testimonies from doctors who specialize in treating your type of injury. Documents showing that your injuries have hindered you from getting another job are also strong evidence. They will demonstrate that you want to work, but your condition prevents you from doing so.

Give the Correct Facts in Court

When your case goes to court, the judge will ask you several questions to better understand your condition. It would be best for you to tell the truth because guessing some facts or being untruthful can backfire. Your lawyer will advise you on what to say in court so you don't mess up your case. For example, they will tell you to say that you don't know or remember something if you don't have answers to some questions.

Proving that your work injuries have affected your working ability is essential in increasing your compensation. That's why you should consider taking the measures above to prove that after filing your workers comp claim.