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AVOID THESE COMMON MISTAKES IN YOUR WORKPLACE INJURY CLAIM

Admin • September 5, 2021

Workplace injuries can find you ill-prepared for the subsequent legal process. Often, injured workers make costly mistakes that reduce their potential compensation. Thus, you need to know the proper steps to take after a workplace injury to receive the benefits you deserve. Learn about some mistakes to avoid after a workplace accident.

Failure to Report the Accident Promptly

Some injured workers hesitate to report a workplace injury out of fear that it will affect their income or job. If you wait to see how serious the injury is, you give your employer a window to deny that the accident happened at work.

What's more, state laws provide workers with a time limit to report workplace incidents. For example, Missouri gives employees 30 days to report an accident or discovery of injuries to supervisors. If you miss this window, you may have a difficult time to prove that the injuries happened at work. Moreover, you may get a reduced compensation or none at all.

Most employers also require employees to file a first report immediately. Your employer can reprimand or suspend you without pay if you fail to report the injury promptly. You should notify your employer in writing and include the injury's date, place, and time. Keep a copy of this notification to show your attorney.

Failure to Seek Medical Care

Resist the urge to wait out or downplay work-related injuries. Prompt medical treatment offers two major advantages. First, it gives employers or insurance companies less room to deny that the injuries are work-related. Next, you set yourself up for a quick recovery if you start the treatment process early.

Often, employees don't seek medical care for injuries they deem to be minor. However, waiting can affect the amount of compensation you get. Also, let the doctor know all your symptoms, however minor. If you mention other injuries later, the insurance company may claim that you are exaggerating your injury because you want to get more compensation than you deserve.

You should visit the nearest emergency room for urgent medical conditions. If your injury isn't severe, check your state's guidelines on where to go for treatment. In Missouri, employers choose health care providers for their injured employees. However, you can petition the state's Department of Labor Workers' Compensation division to change a doctor.

Failure to Resume Work When You Can

While you may want to take all the time you can to recover, you may jeopardize your benefits if you go against the doctor's recommendations for work resumption. The doctor may recommend lighter duties or mandate your employer to fit you in a less demanding job.

However, the physician may keep you off work until you reach maximum medical improvement (MMI). In other words, you resume work after you have healed from the injury as much as the doctor expects you to.

However, insurers can pressure physicians into releasing injured employees to go back to work. In fact, the insurer can send you to another physician for an Independent Medical Exam. Keep in mind that your employer shouldn't force you to go back to work. Thus, consult an attorney if an employer or insurer harasses you.

Failure to Consult an Attorney

Employers involved in personal injury cases may try to rid themselves of liability. On the other hand, insurers want to pay as little compensation as possible. Thus, none of these parties represent your interests.

In contrast, a personal injury attorney protects your rights and negotiates favorable settlement offers. Moreover, an experienced lawyer knows how to deal with aggressive insurers. The employer may attempt to fire or demote you in other cases, and you need expert legal advice to fight back.

If you sustained injuries at work, you deserve the time to heal and recover. Our legal team at Spooner & Perkins, P.C., Attorneys at Law will prepare the best case for you so you can rest. Contact us today for professional legal guidance.

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