Should I Obtain Video Footage of My Injury at Work?
Injured on the job? Do you believe there is surveillance footage of the accident? It is generally best practice to try to get a copy, especially if there is a dispute over the nature and/or severity of your injuries. Indeed, obtaining video footage of a workplace injury can be a powerful form of evidence in a workers’ compensation claim. Here, our Gettysburg workers’ compensation attorney explains the key things to know about obtaining video footage for an injury at work in Pennsylvania.
Pennsylvania is a No-Fault Workers’ Compensation State
As described by the Pennsylvania Department of Labor and Industry, injured workers are not required to prove that their employer was “at fault” for an accident in order to secure benefits. As long as you were hurt within the course and scope of your employment, you have the right to file for workers’ comp. That means that you technically do not “need” video footage to prove how and why your workplace accident happened.
Video Footage Can Be Key Evidence in a Workers’ Comp Claim
Even though Pennsylvania is a no-fault workers’ comp state, that does not mean that video surveillance footage—and other evidence—is irrelevant. It can be useful to prove that an accident happened within the course and scope of your employment is essential. Video surveillance—whether from security cameras, workplace monitoring systems, or even bystanders’ cell phones—can serve as compelling evidence. Footage showing how the accident happened can corroborate your version of events, confirm that the injury occurred on the job, and counter any suggestion that your condition pre-existed the incident.
Take a Proactive Approach: Surveillance Video May Be Erased or Overwritten
Many workplace surveillance systems only store footage for a limited time, sometimes just days or weeks. If you believe your injury may have been captured on video, request a copy of the footage from your employer as soon as possible. As a best practice, you should put your request in writing and be specific about the date, time, and location of the incident. If the employer refuses or delays, an attorney can formally request the footage through the discovery process. An experienced workers’ compensation attorney in Gettysburg, PA, can help.
Caution: While video can help support your workers’ comp claim, it can also be used to challenge it. Employers or insurance companies may hire investigators to record you after your injury, often without your knowledge at all. If their footage shows you engaging in activities inconsistent with your reported limitations, it can hurt your case. For this reason, it is useful to know what is on the video footage, if any exists.
Get Help From Our Gettysburg Workers’ Comp Lawyer Today
At DiLoreto, Cosentino & Bolinger P.C., our Gettysburg work accident attorney is standing by, ready to protect your rights and your interests. If you were hurt on the job, please do not hesitate to contact us today for a free, no-obligation initial case review. With offices in Gettysburg and Chambersburg, we fight for justice for injured workers throughout Pennsylvania.