Evidence and Illinois job accidents
A caller in a panic recently asked me if her current attorney had screwed up her case. Fortunately for her I doubt he had.
Long story short is that she was sitting on a chair with wheels when it collapsed causing her to fall and hurt her back. Since it happened at work on a chair with wheels and she wasn't goofing off, that alone should be enough to win the case. The fact that the chair collapsed is just a bonus.
She is upset because her case has been denied, but not for factual reasons as to how the accident occurred, but instead for medical reasons; the insurance company is saying she isn't as injured as badly as her doctor says.
If there was a dispute as to the accident, it probably woudn't have mattered that there were no photos. Typically your own words, if not opposed by someone else, are enough to win a case. We will usually tell clients that it's a good idea to take photos when relevant, but it's not often the reason a case is won or lost.
In this case the case depends on medical opinion, not how the accident occurred. The photos might help, but it's not likely.
We are anal so we probably would have had photos taken and used them at trial. The lawyer in this case didn't ask for it and I can't say that they are doing a bad job.
For your own purposes, if you can document everything that has happened in a journal it might help your memory if you do ever go to trial. Photos are good too, but most of these things aren't as important as good medical records which means that your doctor has documented your complaints properly and you have given a consistent and honest statement about your injury.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
