Workplace injuries can disrupt your life and livelihood. Filing a workers’ compensation claim is essential to recover medical expenses and lost wages. However, people often make errors that cost them their rightful benefits. Hasner Law Injury & Workers’ Compensation Attorneys emphasize the importance of understanding the process to avoid common pitfalls.
Not Reporting the Injury Immediately
One of the most significant mistakes is failing to report your injury right away. Many workers ignore minor injuries, hoping they will heal on their own. Unfortunately, if you delay reporting, your employer or insurance company may argue that the injury didn’t occur at work.
Always report injuries to your supervisor as soon as they happen. Even if it seems minor, it is better to document the incident immediately.
Failing to Seek Medical Attention Promptly
Some injured workers skip visiting a doctor, thinking rest at home will be enough. This decision can jeopardize your claim. If you don’t have medical documentation, the insurance company may deny your benefits.
After reporting the injury, visit an approved healthcare provider. Ensure that all treatments, diagnoses, and recommendations are documented. Follow your doctor’s orders closely to avoid arguments that you worsened your condition.
Not Following the Proper Procedure
Each state has specific procedures for filing a workers’ compensation claim. Missing deadlines or failing to submit required forms can result in a denied claim.
Learn your state’s requirements. Submit your claim within the statutory deadline and ensure all forms are filled out completely and accurately.
Exaggerating or Minimizing Your Injury
Honesty is crucial when filing a workers’ compensation claim. Some workers exaggerate their injuries, thinking it will increase their benefits. Others downplay them out of fear of losing their job.
Both mistakes can hurt your claim. Insurance companies investigate injury reports thoroughly. Any inconsistencies can lead to denial. Describe your injuries honestly, without exaggeration or minimization.
Discussing Your Case on Social Media
Social media posts can significantly impact your claim. Insurance adjusters often review public posts to find evidence that contradicts your injury claims. For example, if you say you’re in severe pain but post photos attending events, it may harm your credibility.
Avoid discussing your injury or activities online until your claim is resolved. Stay cautious about what you post, as it could be used against you.
Not Consulting an Attorney
Some workers think they can handle the claim process alone, especially if the injury seems straightforward. However, workers’ compensation laws can be complex. Without legal guidance, you may miss benefits you’re entitled to receive.
Consulting an experienced workers’ compensation attorney ensures you understand your rights. They can assist you in filing the claim properly and represent you in disputes.
Returning to Work Too Early
You might feel pressured to return to work before you are fully recovered, especially if your employer is short-staffed. Doing so can worsen your injury and may lead to complications in your claim.
Follow your doctor’s advice on when to return. If you’re cleared for light duty, ensure your employer accommodates those restrictions. Returning to full duties before full recovery risks both your health and your benefits.
Providing Inconsistent Information
Consistency is vital in your claim. Your report to your employer, doctor, and insurance company should align. If you provide different accounts, it raises red flags and can lead to denial.
Before giving statements, review what happened carefully. Ensure your accounts are clear and consistent at all times.
Ignoring Independent Medical Examinations
Insurance companies often require independent medical examinations (IMEs) to verify your injuries. Some workers skip these appointments, thinking their doctor’s report is enough.
Missing an IME can result in claim denial. Attend all requested examinations and cooperate with the evaluating physician. However, remember that this doctor works for the insurance company, so continue your treatment with your regular doctor as well.
Final Thoughts
Filing a workers’ compensation claim can be stressful, but avoiding these mistakes can protect your benefits. Report your injury immediately, seek prompt medical care, follow procedures, remain honest, and consult an attorney for guidance. With the right approach, you can navigate the process smoothly and focus on recovery without additional financial strain.
