Workers’ compensation, commonly known as worker’s comp, is a form of insurance that provides workers with certain benefits if they are injured or fall ill due to their work. These benefits typically cover payment of medical expenses and a portion of lost wages.
A worker who is pursuing a workers’ comp claim can take various steps to strengthen their claim such as seeking swift medical attention and notifying their employer as soon as their injury or illness occurs. Another way to increase the chances of a successful claim is by obtaining testimony from witnesses. By doing so, workers can support the authenticity and credibility of their claims.
In this article we will review different types of witnesses that can bolster a workers’ comp claim as well as some of the factors insurance companies may use to challenge their testimony.
Witness Types
The following types of witnesses are commonly relied upon by claimants in a workers’ comp claim:
- Eyewitness: This is a person who personally witnessed the event that caused the worker’s injury. For example, they may have seen the worker involved in an accident involving machinery or experience a slip and fall. This allows them to provide a valuable first-hand account which supports the worker’s claim, significantly helping to strengthen their case.
- Character witness: A character witness in a workers’ comp claim is a person who can vouch for the character, and work ethic of the claimant. This could be a co-worker who testifies about the claimant’s commitment to safety in the workplace and their reliability as an employee.
- Expert witness: An expert witness is someone with specialist experience and training in their field, which allows them to speak with authority on a given subject. In a workers’ comp claim, this may be a medical professional who can validate the worker’s injuries and how they arose. An expert witness can, therefore, be especially helpful in countering arguments by insurers that underplay the extent of a worker’s injuries or dispute their cause.
Challenging Witness Testimony
Insurance companies often attempt to undermine the testimony of witnesses in workers’ comp claims to avoid paying out. An experienced work injury lawyer can help workers prepare for and counter these arguments. Witness testimony may be challenged in the following ways:
- Highlighting inconsistencies: A witness may give differing accounts of what happened in their statements. These can be highlighted to discredit their reliability as a witness.
- Gaps in memory: Exposing gaps in a witness’ memory such as their inability to clearly recollect the events which resulted in the worker’s accident can suggest their testimony is inaccurate or unreliable.
- Discredit character: The witness’ character may affect their credibility as a witness. This is especially true if the witness is a co-worker with a reputation for being unreliable or having a history of dishonesty.
- Exposing bias: The testimony of a witness may also be challenged on the grounds of bias. For example, a co-worker who claims they saw the accident that injured the claimant may also be in a relationship with them, which could affect their objectivity or even their credibility as a witness.
Witness testimony is often a crucial element for succeeding in a workers’ comp claim. By navigating potential challenges, workers can increase their chances of receiving the benefits they are entitled to.
