Proving Neglect Vs. Proving Intent In A Workers' Comp Injury

In a case of a work-related injury, you may encounter a situation where you were injured because of company or employer neglect. It could also be viewed as an intentional injury, with the hopes of removing you from your job to hire someone else. Trying to prove either of these situations is tricky, which is why your workers' compensation attorney will advise you to just pursue a straight injury case instead. However, if you are intent on pursuing your case as one of neglectful injury or intentional injury, one is easier than the other to prove. 

Proving Intentional Injury

For someone to intentionally cause your work-related injuries would mean that the person you suspect would have to be cruel, racist, ageist, homophobic, etc. Unless you can find other people at work who have heard or seen blatant statements or actions from this individual, it would be your word against his/hers. You would have to have the testimony of others who have experienced intentional harm or hurtful statements, or you would have to have security video footage, which would be impossible to get. Intentional harm to another person while at work is the hardest thing to prove. If you had or have any evidence, it would have to be rock-solid before a lawyer could pursue it.

Proving Neglect-Related Injuries 

Proving that your work-related injuries are the result of employer/company neglect is a lot easier than proving intentional injury. However, it is still more difficult than suing for wages lost, compensation to cover medical bills, and a denied workers' comp claim.

If you really believe that your injuries are the result of neglect, then here is what you need to provide:

  • Proof that you were not effectively trained to operate certain machinery 
  • Proof that the machinery required repairs and was not in acceptable working order
  • Proof that you were expected or forcefully told to operate machinery that was not working properly

These are the most common bits of evidence to prove neglect in a case of worker's comp. There are only a couple other, lesser causes, which may be even more difficult to prove. If you have any of the above evidence, then it may be possible to pursue your worker's comp claim and sue your employer/company for personal injury. Only your worker's comp attorney can view your proof and your case to know for sure.

For more information, contact a law office near you.