What happens when an accident goes unwitnessed?
By: Charles Taylor Matthews
As attorneys and claims adjusters know, workers’ compensation operates under a no-fault system, meaning that workers do not need to prove fault to receive benefits. However, unwitnessed accidents can present significant challenges, both legally and practically, for employers, insurers, and injured workers. While there is no statutory requirement that an accident must be witnessed to qualify for workers’ compensation benefits, unwitnessed accidents often lead to disputes about whether the injury occurred in the course of employment or whether it was truly work-related. Louisiana courts generally rely on the credibility of the claimant, supported by medical evidence, and the timeline of events. If a claimant can provide consistent testimony and medical records that corroborate their version of events, they have a stronger chance of overcoming the lack of witnesses. Under Louisiana workers’ compensation law, claimants bear the burden of proving their injury by a preponderance of the evidence. This is particularly significant in unwitnessed accidents, where the absence of corroborating witnesses’ places greater emphasis on medical documentation and the claimant’s credibility.
While unwitnessed accidents can be difficult to defend, a pivotal case Bruno v. Harbert International, Inc., 593 So.2d 357 (La. 1992), established factors to assess the credibility of a claimant’s account of an unwitnessed accident. These factors are now referred to as the Bruno Factors and are listed below:
- Credibility of the claimant’s testimony: Claimant’s testimony may be sufficient to establish a work-related accident, even without corroborating evidence, provided the testimony is credible.
- Consistency of testimony with surrounding facts and circumstances: Whether the claimant’s account of the accident aligns with other known facts, including medical evidence and the timeline of events.
- Medical evidence: Though medical reports do not need to directly corroborate the exact cause of the injury; they should be consistent with the type of injury that the claimant alleges occurred at work. It is important too examine details such as, the information the claimant provided to a provider when they first sought medical treatment, in comparison to what is being alleged in the workers’ compensation claim.
- Absence of witnesses: The lack of witnesses does not automatically discredit the claimant’s testimony but is an additional factor that is weighed when examining the compensability of a claim, as the claimant remains responsible for proving the occurrence of an accident by a preponderance of the evidence.
- Other corroborating evidence: While the claimant’s testimony can stand alone, other evidence such as workplace conditions, reports of the accident, or even statements made by the employer all contribute to credibility.
In conclusion, unwitnessed accidents in Louisiana workers’ compensation cases present challenges. To overcome these challenges, it is vital for employers, insurers, or adjusters to investigate thoroughly, seek medical evaluations, and analyze timelines. Below are three tips that will aid in strengthening your defense:
- Document the accident site, interview coworkers, and collect relevant information as soon as the incident is reported.
- Encourage claimants to undergo thorough medical examinations to build a clear record.
- Compare the timing of the alleged accident to the time the accident was reported.
