The most valuable thing to have on your side as a claimant in a compensation claim, is strong, clear and consistent evidence. Compensation claims are established not only on what happened, but what can be proved to have happened, and often success will be determined not by the fairness of the parties’ stances, or the quality of their representation, but on who can provide the strongest evidence to back up their claims.
Ultimately, insurers and other decision-makers will make their assessments based on objective evidence, which can leave some claimants who don’t have quality objective evidence in a difficult position. Providing strong evidence in a claim not only strengthens your stance but also reduces the amount of disputed facts between you and an insurer or respondent, in turn reducing the amount of time it takes for your claim to be settled. The less grey areas or disputes present, the simpler and shorter your claim will be.
This article will provide an overview of the preferred types of evidence in compensation claims and highlight common mistakes claimants make at different stages of the claim as well as some tips on how claimants can strengthen their position from the outset of a claim.
Why Evidence Matters in Compensation Claims
A compensation claim, in the early stages, is a negotiation between yourself (or your legal representative) and the other involved parties. If you approach this negotiation with high quality evidence to back up your claims, you will have the upper hand in the negotiation. Objective evidence, such as (written) correspondence between parties, images/ footage of the incident or injuries, and medical or police records will form a strong basis to establish the ‘what’ of your claim. Providing this evidence means that rather than spending the initial stages of your claim debating whether the incident actually occurred, or whether it occurred in the way you say it did, you can quickly move negotiation into the assessment of damages and towards settlement. A claim that is settled quickly will save you time, stress and money.
Before the claim
Contemporaneous evidence
Contemporaneous evidence (evidence that is documented at the same time as the incident) is strongly preferred in injury claims, as it can not only establish the facts of a case but strengthen the credibility of the claimant. You can take steps to preserve and gather objective evidence about what happened in the early stages or before a claim begins by:
- Taking videos and images at the scene or site of an injury
- Taking videos or images of any damage or injuries
- Gathering CCTV footage
- Compiling written correspondence (emails, text messages, letters)
- Making an incident report or complaint about the events of the injury
- Gathering contact information of witnesses
- Taking notes in a diary (or similar) of meetings, events and appointments relating to your injury
Common mistake: Not taking or failing to keep notes or records from the event
The Queensland Industrial Relations Commission decision in Boyles v Workers’ Compensation Regulator [2026] QIRC 56 demonstrates the importance of maintaining any and all records from the day of an incident (no matter how insignificant or minor they may seem at the time). Mr John Boyles was working as a Trades Assistant at the Logan Hospital when he was injured whilst pulling a heavy air compressor that had become stuck in the gap at the front of a lift on 5 November 2021. Mr Boyles completed an incident report with the elected Health and Safety Representative on 11 November and mistakenly recorded the incident date as the report date. Because of this mistake, his GP records from an appointment regarding the injury (on 8 November 2021) were deemed to be inconsistent with the reported date and his claim was denied by the Worker’s Compensation Regulator on the grounds that his injury did not arise out of work.
The Regulator formed the view that Mr Boyles had fabricated the earlier injury date so that he could link the compressor incident to the chest pain he reported to the Doctor on 8 November 2021. On an appeal to the QIRC, Mr Boyles presented contemporaneous evidence including:
- A witness statement from a colleague who was there at the time of the injury;
- A copy of the work order for the compressor repairs given to Mr Boyles on 5 November;
- A receipt from Total Tools for a replacement part purchased on 5 November 2021;
- A handwritten note Mr Boyles took of card information;
- A handwritten note Mr Boyles took on the invoice for the replacement part with the work order number; and
- A delivery docket from Total Tools.
This evidence was effective in proving Mr Boyles’ version of events, importantly because the evidence was collected on the day of the incident and was produced by third parties. Whilst the Regulator could argue that Mr Boyles convinced a colleague and friend to provide a false witness statement, it is near impossible to say the same about the invoices and work orders. Mr Boyles’ handwritten notes directly linking him to the work order were also immensely helpful.
This decision demonstrates how collecting and preserving relevant evidence and claim supporting documents can be incredibly useful in proving the claimant’s version of events, even when faced with discrepancies in other records (such as the incident report).
Incident reports
In workers’ compensation or similar workplace claims, one of the most important pieces of evidence will be an incident report from the accident. This is often (understandably) neglected by claimants who are recovering from medical treatment or otherwise dealing with the fallout of a workplace accident. However, the existence of an incident report is one of the strongest pieces of contemporaneous evidence a claimant can use in a workplace claim.
Common mistake: Failing to report or making incomplete report of workplace incident
One example of the consequences of failing to make a proper incident report was demonstrated in a Queensland Industrial Relations Commission decision, Stuart v Simon Blackwood (Workers’ Compensation Regulator) [2015] QIRC 134. Stuart claimed he had sustained an injury to his right elbow due to suffering a fall while replacing a roll of paper on a machine at his place of work. Unfortunately, Stuart failed to report the injury through the proper channels, instead noting down incomplete details on a notebook that had previously been used as an incident reporting document many years prior. Despite the fact that the report was made on the same day, as it was not conducted through appropriate channels and lacked specific details, Stuart had insufficient evidence to support the injury, which ultimately defeated his compensation claim.
Medical Evidence
In the early stages of a claim, the focus will turn to establishing the nature of your injuries. This is important both to your solicitor, who will be considering obtaining expert evidence on your injuries and assistance with treatment, and to the progress of your claim and its overall evidence base.
You can ensure your claim begins with a strong medical evidence base by attending with appropriate health care providers to get an assessment of your injuries as soon as you are able to after an incident.
Medical evidence is not only useful in proving what injuries you may have, but also in proving the extent of your losses or injuries. Having consistent medical records will also be helpful in the event that any disputes about the nature or extent of your injuries arises. The most commonly used medical evidence in claims are:
- GP records
- Specialist reports
- Hospital records
- Diagnostic imaging and test results
- Treatment histories
Whilst later on in the claims process, you will likely undergo expert medical assessments to determine the extent of your medical and treatment expenses, you can also provide additional records or information that may assist in proving the extent of these expenses. Often, this evidence looks like:
- Receipts from pharmacies or medical centres (for prescription and over-the-counter medications related to your condition)
- Receipts or invoices from the purchase of assistive technology or other aides (crutches, walker, heat packs, ergonomic equipment for your workplace, medically appropriate footwear, etc.)
Remembering to document your receipts and invoices from medical expenses in the early stages will make the process of calculating your expenses much smoother down the line.
Common mistake: Delaying medical treatment (or considering injuries too minor for immediate medical assessment)
Whilst independent medical assessments and medico-legal reports are valuable to a claim, they serve a different purpose to records from treating doctors. IME reports will provide an opinion of the cause of the injury, diagnosis, level of impairment and future prognosis, which is useful in arguing whether the accident caused the injury or the resulting damages. Medical records from treating doctors provide an contemporaneous evidence proving the existence of the injury, the progression of symptoms and treatments required. By falling to access medical care and documenting your injuries early, you can open up arguments about whether another accident caused your injury, or whether it was not as severe as you claim it to be.
Financial and Employment Records That Support Claims
In personal injury claims, you are not limited to only claiming for your injuries, you can also make a claim for loss of past wages, future lost earnings and other economic losses. To claim for economic loss, claimants are generally required to provide financial records for at least three (3) years prior to the injury to establish their claim. Often these documents go beyond just individual tax records and can include:
- Payslips and tax returns
- Employment contracts
- Income records
- Superannuation statements
- Business financial records
This can sometimes prove daunting for those with spotty or inconsistent employment histories, however the courts allow for other forms of evidence that prove the economic value of an injured person’s labour.
How Legal Assistance Can Help Strengthen Your Claim
Often, even the smallest inconsistencies in claimant’s evidence will be scrutinised, and this is one of the many reasons it is vital to maintain organised records and seek professional guidance in the claims process. Personal injury lawyers can help identify gaps in evidence before they become obstacles and identify the best path forwards.
Solicitors are also able to gather and coordinate independent medical assessments and reports, interpret complex policy and legal documents and protect your rights and privacy through a claims process. Lawyers are also able to utilise Notices of Non-Party Disclosure (for litigated claims), which compel organisations to provide documents relevant to a claim: giving claimants access to a broader range of documents from organisations that may not be accessible to the average person or through right to information requests.
Denning Insurance Law is experienced in helping claimants present strong, evidence-backed claims.
Conclusion
Quality, objective evidence often makes the difference between a straightforward compensation claim and a prolonged, costly dispute. Many different types of evidence gathered at different stages of a claim hold equal importance in establishing different aspects of a compelling compensation claim. If you find yourself injured or considering seeking compensation, it’s important to gather evidence early and seek legal advice if you face difficulties in your claim or would like additional assistance to ensure the success of your claim.