Monday, June 29, 2015

How to Handle Workplace Injury Video Evidence

If you’re planning to file a lawsuit against your employer whose negligence, you believe, was instrumental to the injury you sustained at work, you need to immediately start collecting evidence that would help your case. It is best to consult a personal injury lawyer on the possible sources of evidence, such as incident reports, your medical records, and photos of the workplace area where the accident happened.
If you think there is available video footage of the accident, be cautious in obtaining this, and make sure that you act under the guidance of your lawyer. The surveillance footage could either be favorable to your legal complaint (i.e., it clearly shows employer negligence), or be used against your case by the defense team. 

Requesting for the Footage
You must follow due process when requesting for videos from your employer or your employer’s surveillance company. Make sure you get raw footage. The defense must also follow the appropriate guidelines in keeping, distributing, or disposing of the video. When the evidence is illegally obtained, it would be inadmissible in court. There could also be legal implications if the evidence is altered, concealed, or inappropriately destroyed.

Going Through the Video
You and your lawyer, with the aid of video experts or even medical experts, can review the video to prepare your case and perhaps prepare your counterarguments should the defense team dispute your claims.

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