How to Prove You Were on the Clock When You Got Hurt (No cameras, No witnesses, etc.)
In Pennsylvania, you are entitled to no-fault workers’ compensation benefits if you were hurt on the job (Pennsylvania Department of Labor and Industry). In other words, you do not need to prove that your employer did anything wrong. However, you do need to prove that you were actually working at the time of your accident. A Franklin County workers’ compensation attorney can help you prove that you were on the clock when you were injured in Pennsylvania.
You Should Start by Using Timekeeping Records to Establish Your Work Status
Timekeeping records can be core evidence in a workers’ compensation claim. Timecards, electronic punch-in data, and scheduling logs form the strongest evidence that you were on the clock. Pennsylvania Workers’ Compensation Judges give considerable weight to contemporaneous timekeeping because it shows when your shift began and whether you were expected to be performing duties at the time of the injury. Even if the employer uses a loose or inconsistent system, any record that shows your scheduled hours can support your claim. You should save these records.
You Can Also Use Job-Duty Evidence and Work Assignment Documentation
If no cameras or witnesses exist, your job assignment records are also critically important evidence. Pennsylvania law allows injured workers to use circumstantial evidence to establish work status. Work orders, dispatch sheets, route logs, task lists, and maintenance tickets show what you were directed to do. These documents confirm that you were expected to be in a particular location performing a particular task at the time of injury. Even informal notes, text messages, or emails from supervisors can qualify as relevant evidence.
You Should Demonstrate the Location of the Injury in Relation to Your Job Duties
An injury that occurs in an area where only employees are permitted strongly supports compensability. A wide range of different evidence (photographs, diagrams, descriptions of the worksite, etc.) can show that you were within a controlled or restricted space. Pennsylvania recognizes injuries that occur on the employer’s premises as work-related under the “premises rule” when the employee is reasonably fulfilling job duties.
You Can Use Medical Records to Support the Mechanism of the Injury
Medical records are key in any workers’ compensation claim in Pennsylvania. They are relevant in a wide range of different ways, including for supporting mechanisms. Physicians must describe the mechanism of injury. If the description matches the job duties you identify, it strengthens your credibility. Medical records that reflect a work-related account serve as corroboration even without external witnesses.
Call Our Franklin County Work Injury Lawyer Today
At DiLoreto, Cosentino & Bolinger P.C., our Chambersburg workers’ compensation attorneys are proud to fight for full and fair benefits for workers who need help. If you have any questions or concerns about the workers’ comp claims process, we are here as a resource. Contact us today for your free case review. We handle work injury cases throughout Franklin County, including in Chambersburg, Waynesboro, and Guilford.
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