Georgia Workers’ Comp Law: The Importance of an Expert Witness

May 22, 2019 - 2:00 pm
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If you are an injured worker who is facing a trial, you don’t get to choose your lay witnesses. Circumstances make those choices for you. However, the same is not true for your expert witnesses, who will specifically be picked by your lawyer within the state’s given standards. It is vital that you understand just how important choosing the right one can be.

Definition of Expert Witness

The legal dictionary defines an expert witness as “a person who is a specialist in a subject, often technical, who may present his/her expert opinion without having been a witness to any occurrence relating to the lawsuit or criminal case.” An expert witness in a workers’ comp case is a professional with specialized knowledge of a specific subject that makes evidence credible in the case. The expert is chosen based on the circumstances of the case and what evidence is available. He or she must be qualified to render an opinion in the case in a persuasive and strong way.

Types of Experts

Georgia’s workers’ compensation is a no-fault system. But that doesn’t mean there aren’t disputes about the cause of the injury, how severe the injury is, or whether or not you are entitled to benefits. This is where hiring an expert can help improve your chances of settling a claim. There are many different types of relevant experts to choose from in a workers’ comp case, including:

 

  • Medical Experts. Because the outcome of a workers’ comp claim can depend on sorting through and understanding medical information, medical experts are often called to make it all more understandable. Medical experts are also chosen as someone who performed an independent medical exam to counteract their doctor’s assessment and findings. They can have a major impact on the case and often help change the level of impairment or disability for a worker.
  • Causation Experts. There are different types of experts that can provide testimony about causation and help establish if the injury or illness was work related. They can also establish if a condition was worsened by the workplace.
  • Scientific Expert. A scientific expert also helps establish causation and conduct tests to prove toxicity levels that might cause an injury or worsen a condition.
  • Technical Expert. A technical expert might be called to testify about equipment that failed or malfunctioned, which led to an injury. The expert would likely have specialized knowledge in the design of the equipment to show how or why it failed.
  • Computer Expert. A computer expert witness can help uncover potential evidence in a case but is often used by the opposing parties. For example, a computer expert helps insurance companies look into cases of potential workers’ compensation fraud.
  • Accident Reconstruction Expert. This type of witness might be necessary if your employer decides that something else caused your accident other than the workplace. The expert can provide a visual reconstruction of how the accident occurred.

 

 

You can also have economic experts that will testify to future lost wages and how the injury will impact your life. Some call general workers’ comp experts who provide reports on workers’ comp claims, compensation benefits of employees, and many other related topics.

 

If you have been injured on the job and need to use expert witnesses in your case, call an experienced workers comp attorney for help. They can help you obtain relevant witnesses and answer any questions you may have.

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