8 Common Mistakes to Avoid When Filing Your Workers’ Compensation Claim
Suffering an injury due to an accident at work can cause a great deal of stress for you as the employee. What’s more, when injuries are not addressed in a proper way, they can lead to complications and further losses in your financial standing. This is one of the many reasons why employers are required by law to pay for workers’ compensation insurance.
Unfortunately, not all employees are well informed about their rights and what to do when accidents happen at the workplace, and many insurance carriers take advantage of this fact. These are typically connected to filing a worker’s compensation claim in an untimely or incomplete manner.
We have listed a number of common mistakes that can happen during the claim process that can lead to the denial by the insurance carrier. Read on to find out how to prevent such mistakes and get professional legal counsel.
Table of Contents
- What are some common mistakes that could lead to denial of the worker’s compensation claim?
- Postponing immediate medical help
- Failing to keep records of the accident, injuries, and treatment
- Hiding the accident from your employer
- Hiring inexperienced legal counsel
- Failing to meet deadlines
- Hiding facts from your attorney
- Not knowing all available benefits
- Not considering the vocational rehabilitation program
What are some common mistakes that could lead to denial of the worker’s compensation claim?
Taking appropriate steps when you suffer an injury at work is crucial to ensure you are fully compensated.
Here are some of the mistakes you should avoid by all means:
Postponing immediate medical help
When something goes wrong, it’s crucial to seek immediate medical attention. Insurance carriers will not treat your case seriously, although you might be entitled to compensation. If there’s an emergency, it’s best to ask your coworkers to take you to the emergency room. This is also going to serve a purpose of preventing further injuries. Don’t forget to attend follow-up appointments. Also, remember that you’re entitled to seek medical attention from your chosen doctor and that you’re entitled to a second opinion.
Failing to keep records of the accident, injuries, and treatment
Make sure that you keep a list of records and that you write down all details about the accident as soon as it happens. This includes the names of possible witnesses, pictures of the accident scene and your injuries, copies of medical reports, for example, CT scans or X-rays, and records of lost wages. Failing to do so might result in having a hard time proving the connection between your injuries and the accident at work.
Hiding the accident from your employer
Many people believe that if they don’t report an accident, their employer won’t find out about it. However, this is not always the case. If your injuries are severe, other people might see the signs and know that something happened. Moreover, most employers require you to report any accidents or injuries that happen at work, regardless of how minor they may seem.
Hiring inexperienced legal counsel
When it comes to hiring a lawyer, you should be careful and do your research. Make sure that the attorney you’re planning to hire has significant experience in handling workers’ compensation cases and is well-versed in the law. You should also ask for referrals from other people who have been in a similar situation as you.
Failing to meet deadlines
There are strict deadlines when it comes to filing a worker’s compensation claim, and if you fail to meet them, your case might be dismissed entirely. This is why it’s crucial to act fast and seek legal help as soon as possible after suffering an injury at work.
Hiding facts from your attorney
If you’re not honest with your attorney about the details of your accident and injuries, they might not be able to properly represent you. This could lead to the dismissal of your case or a lower settlement than you deserve. Be sure to tell your lawyer everything, even if you think it might not be relevant.
Not knowing all available benefits
Many people are unaware of all the benefits they’re entitled to after suffering an injury at work. In addition to workers’ compensation, you might also be eligible for other types of benefits, such as Social Security disability or personal injury damages. An experienced attorney can help you determine what benefits you’re entitled to and how to get them.
Not considering the vocational rehabilitation program
In some cases, injured workers are offered to participate in a vocational rehabilitation program. This program is designed to help you get back to work after your injury. If you refuse to participate or fail to cooperate with the program, it might be used against you in your worker’s compensation case.
By being aware of these common mistakes, you can avoid them and improve your chances of getting the worker’s compensation benefits you deserve. However, keep in mind that the claim process can be complex and time-consuming, so it’s always best to seek legal help from an experienced attorney.