In a controverted Workers’ Compensation case, the employer often requests an opportunity to present testimony from one or more of its employees. Common issues requiring such testimony is whether or not an accident actually occurred, whether it was reported within the required timeframe and whether there was a pre-existing problem even before the alleged work injury.
A witness, who stills works for the defendant employer, by definition, is prone to bias. He or she may feel pressure to testify in favor of the employer since their job in controlled by the entity. This does not mean that all employer witnesses are not truthful. However, Judges who hear Workers’ Compensation litigation will carefully observe the testimony and demeanor of such witnesses before rendering a decision in the controversy.
If you have been injured at work and your employer or their insurance carrier is making life difficult for you, please feel free to contact us for advice.