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Can Your Co-Workers Testify on Your Behalf in a Workers’ Comp Claim in Florida?

Workers’ compensation benefits can provide medical care and make up for some of your lost wages when you are injured at work. Even though workers’ compensation policies do not require insurers to pay for losses like pain and suffering, insurance companies still routinely deny claims because they want to avoid paying anything if possible.

You need to be prepared for a challenge to get the benefits you deserve. One way to establish that you are entitled to workers’ compensation benefits is to have your co-workers testify in your case. But even though your co-workers can testify on your behalf in a workers’ comp claim in Florida, you need to be aware of some potential difficulties.

How Co-Worker Testimony Could Help Your Case

To receive benefits, you must establish that your injuries or illness arose out of and in the scope of your employment. So your co-workers could testify that your accident happened on the job and not while you were waterskiing on your day off. They could also specify that you were hurt while completing a job-related task and not while running across the street to buy a candy bar.

Your co-workers could also testify about the severity of your accident and injuries. If you lost consciousness, for instance, they could provide evidence that your head injury is more serious than a simple bump on the head. If you fell from a substantial height, they could corroborate that fact. If your injury aggravated a pre-existing condition, they could explain that you were able to accomplish certain job tasks before the accident, so the condition was not as debilitating before the accident as it is after the accident.

Problems with Having Co-Workers Testify in a Workers’ Comp Case

Witness testimony can make your case, but it could also break it. Sometimes, workers’ memories are vague, and an attorney questioning them could make them appear unreliable.

Even worse, many workers are afraid of retaliation if they tell the truth in a workers’ comp case. They might testify in a way that protects the employer and hurts your case.

The law protects your co-workers from retaliation. When you work with a skilled attorney, your lawyer could help co-workers understand that when they testify, their employer is not legally allowed to:

  • Demote them
  • Harass them
  • Fire them
  • Take any negative action

If the employer does any of these things, then those employees could be entitled to compensation or other forms of relief.

An experienced attorney could help you evaluate the circumstances to determine whether you need the testimony of co-workers and whether the testimony available in your situation would be helpful to your case.

We Help with Workers’ Compensation Claims in Florida

Workers’ comp should be a simple system. If you get hurt at work, you notify your employer, and their insurance pays for your medical bills and lost wages.

Insurance companies have made it complicated. For a fair chance of success, you probably need to have an experienced legal advocate demonstrate why you are entitled to benefits. To receive a free consultation to learn how the dedicated team at the Maus Law Firm can help you recover the full benefits to which you are entitled, contact us now.

 

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