If your workers’ compensation claim is scheduled for a hearing with an Administrative Law Judge (ALJ), you and your attorney will have to meet Georgia’s workers’ compensation medical record requirements. You must gather and prepare sufficient evidence to support your claim. The ALJ will listen to both sides of the story at the hearing and give each side an opportunity to present any and all evidence relevant to the case. Judges use the testimony and evidence as a basis for making a determination – so thorough and thoughtful preparation is critical for claimants.
Types of Evidence in a Workers’ Compensation Case
There are several types of evidence that may be pertinent to a workers’ claim. You might need to provide evidence to: show that your injury is work-related; demonstrate your credibility; and, prove the extent of your injuries.
Medical records comprise a large portion of the evidence you and your attorney will have to provide to the ALJ. Your doctors’ notes and prognoses, proof of your treatments and work status, second opinions, and prior medical records (to show the injury was not pre-existing) can all be submitted as evidence.
Below are a few examples of other types of evidence that can be used at a hearing:
- Employee Files – In some cases, you might have to prove your employment relationship to qualify for workers’ compensation. Your pay stubs and work contacts can be used to substantiate this. Also, if your credibility is being questioned, you can use performance records and the absence of negative write-ups in your employee file to help your case.
- Depositions – Depositions taken during the discovery period can be used as evidence at the hearing. This is particularly true of depositions of expert witnesses and doctors.
- Accident Reports – Various official reports may be helpful to your case, such as your initial injury report with your employer or police reports, if applicable.
- Witness Testimony – Your lawyer will be allowed to present testimony from eyewitnesses, as well as from field experts to support your case. For instance, an eyewitness may confirm that he or she saw you fall on the job, and a medical expert can testify about the extent of your injury and its effect on your ability to work.
- Job Search Log – In cases where an injured worker is fired, he is often required to make a diligent search for suitable employment. In these types of cases, your lawyer will present evidence of your job search to support your contention that you have made a diligent effort to secure employment.
We Help You Prepare for Your Workers’ Compensation Hearing
If your workers’ compensation claim is scheduled for a hearing with an ALJ, you’ll want to be fully prepared so that you don’t lose your chance to prove your eligibility for benefits. For counsel in Atlanta, consider Bader Law Firm, LLC. Attorneys Bader and O’Connell are well-versed in every area of workers’ compensation law, and they know how to sift through and collect the evidence that the judge should see when determining your case.
Call us today for a free, no-obligation consultation at 678-562-5595.