Visitor Question

Can an employee claim an injury if they have no proof of the accident?

Submitted By: Nadia (Las Vegas, Nevada)

An employee claimed she fell from 4 stairs down at a client’s house while she was cleaning her home. No one saw the accident. She never sent us photos of the accident. When we asked her at that moment if she was ok and could keep working, she never replied to notify us. Two days later she said she was in pain. Yet that same day she kept working and said she did not feel any pain.

Days later she came back with a doctor’s note and the doctor claimed she was injured but still was able to work her entire shift. How do I know if this person really fell during work hours if no one was there to witness and she still finished her work? What can I do about this if it is a fake claim? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Nadia,

Workers compensation claims of “off-site” injuries are quite common. Many of the claims are legitimate, while some aren’t. There are several ways to know if the worker was injured on the job:

First: Speak with the client, and then with her neighbors. While you say no one saw the accident, it is possible the client may have since remembered something. Knock on some doors. The client’s neighbors may have heard or seen the worker fall, or may have provided assistance.

Second: Check to see if there were any video cameras in the area in which the alleged fall occurred. While you have no legal right to see the videos, it is always possible the person or company in charge of the videos may want to assist you, especially if the person in charge of the videos is a sympathetic employer.

Third: Speak with the physician who examined the worker. While the physician is prohibited from sharing patient information with you, ask the worker to authorize her physician to speak with you about her injuries. It is not unusual for symptoms of a slip and fall injury to manifest themselves 24-48 hours after the fall itself.

For example, you may have turned an ankle, or twisted a knee while participating in a sport. You may remember the ankle or knee didn’t swell up until you awakened the next morning to a throbbing pain. Delayed symptoms of slip and fall injuries are common.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 19, 2017

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