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Mistakes That Can Affect Your Workers' Compensation Claim

August 18, 2022

Workers’ compensation may provide compensation for lost wages and medical bills if you get an injury or illness from work. Unfortunately, due to the complexity and confusion of the claims process, workers often make mistakes along the way.

Mistakes can lead to insurance companies or employers denying, delaying, or undervaluing your claim. The following mistakes can affect your claim's success and the amount you receive.

Failing to Report the Injury

In the event of an injury at work, you should inform your employer or supervisor orally or in writing. For reporting and responding to work injuries, follow your employer's and state's policies and procedures.

If you wait to report the injury, you are more likely to have problems recovering benefits. The Workers' Compensation Commission may discount the severity of your injury or doubt that the accident happened at work, resulting in less compensation than you deserve.

You also risk having your claim denied.

Not Seeking Proper Medical Treatment

No matter how minor your work-related injury may seem, seek medical attention first. You may be able to improve the outcome of your treatment if you receive a quick diagnosis. In addition, treatment may increase your chance of receiving workers' compensation benefits.

If you delay medical evaluations, your injuries may not be easy to link to a work-related accident. Your employer can argue that the injury happened outside the job or that you worsened your injuries outside the workplace.

Moreover, not seeking treatment may seem like you did not sustain any injury.

Disregarding Your Doctor's Orders

When you see a doctor after suffering a work-related injury, follow your prescription and schedule appointments precisely as instructed.

Not complying with your doctor could stand in the way of your recovery. Insurers and employers will often argue that you should lose your medical and work benefits if you don't follow your doctor's instructions.

If you feel your doctor is not giving you the best advice, ask your workers' compensation lawyers to help you seek another doctor's opinion.

Failing to Keep Accurate Records

Keeping accurate and detailed records is crucial to your claim when you suffer a workplace injury or illness.

Keep track of the time you spend away from work due to your condition and any medical expenses you incur. The records you keep will ensure you receive the compensation you deserve.

Being Dishonest About Your Injury

You should be honest about your accident or injury with all parties involved, including your supervisor, doctor, and the insurance company.

Trying to increase your benefits by exaggerating your injury can backfire and result in a denied claim. A downplayed injury could also result in insufficient compensation.

Falsifying material facts may not only hurt your compensation claim but may also result in jail time.

Hiding Facts from Your Attorney

Your lawyer's job is to ensure that you receive a fair settlement. To reach a successful settlement, you should tell your lawyer all the information related to your case, whether good or bad.

Do not leave out any details, no matter how tiny. The list includes prior injuries, current medical conditions, previous legal issues, financial difficulties, prior alcohol or drug use, employment history, or anything else your employer's insurance company can use against you.

Keep in mind that your workers' compensation attorney is fighting for you, and they cannot defend against something they are not aware of.

Signing Documents Without a Lawyer

You should always consult a lawyer before signing any documents from your employer or workers' compensation provider. Once you sign your name on any settlement offer, you agree not to pursue any additional benefits.

Therefore, if your condition worsens after accepting the settlement offer, you may not be able to obtain additional benefits.

If you suffer an injury on the job, speaking with an attorney may be helpful. By working with a trusted attorney, you can avoid the mistakes above and make the process as smooth as possible.

For more information about workers' compensation benefits or if you need a trusted lawyer, contact us today.

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If you've been injured on the job, you may be entitled to workers' compensation benefits. These benefits are designed to cover medical expenses and lost wages while you recover from your injury. However, navigating the workers' comp claim process can be confusing and overwhelming. That's why it's important to know when to call a lawyer for your workers' comp claim. In this blog post, we'll discuss the situations where it may be necessary to seek legal representation for your workers' comp claim. By understanding these scenarios, you can ensure that you receive the full benefits you're entitled to under the law. Denial of Your Claim One of the main reasons to call a lawyer for your workers' comp claim is if your claim has been denied. Unfortunately, insurance companies often deny valid claims to save money. If this happens, it's important to have an experienced workers' compensation lawyer on your side who can fight for your rights. They can review the details of your case and gather evidence to support your claim, making it difficult for the insurance company to deny you the benefits you deserve. Appealing a Decision If your initial claim is denied or if you feel that you're not receiving the full amount of benefits you're entitled to, you may need to appeal the decision. This process can be complex and time-consuming, but having a lawyer on your side can make it easier. They can handle all the legal aspects of your appeal and ensure that you have the best chance of getting the benefits you deserve. Pre-Existing Conditions If you have a pre-existing condition that has been aggravated by a work-related injury, it may be necessary to call a lawyer for your workers' comp claim. Insurance companies often use pre-existing conditions as an excuse to deny or limit benefits. However, with the help of a lawyer, you can prove that your current injury is directly related to your job and receive the full benefits you're entitled to. Disputes over Medical Treatment or Benefits In some cases, you may be involved in a dispute with your employer or the insurance company over the type of medical treatment you're receiving or the amount of benefits you're entitled to. This can be a frustrating and stressful experience, but with a lawyer by your side, you can have someone who knows the law on your side. They can fight for your rights and ensure that you receive proper medical care and fair compensation. Permanent Disability If your workplace injury has resulted in permanent disability, it's important to call a lawyer for your workers' comp claim. Permanent disability benefits are often complex and difficult to calculate, especially if there are future medical expenses involved. A lawyer can help determine the full extent of your disability and ensure that you receive the appropriate benefits to cover your needs. Employer Retaliation Unfortunately, some employers may retaliate against employees who file workers' comp claims. This can come in the form of demotions, pay cuts, or even termination. If you feel like your employer is treating you unfairly because of your claim, it's important to call a lawyer. They can protect your rights and help you take legal action against any form of retaliation. Navigating a workers' comp claim can be overwhelming, especially if it involves legal disputes and complex calculations. That's why it's important to know when it's time to call a lawyer for your workers' comp claim. If you find yourself in any of the situations mentioned above, it's best to seek legal representation from a qualified workers' compensation lawyer. So, don’t hesitate to seek assistance if you feel overwhelmed or encounter any issues during your workers’ comp claim process. For more info, contact us at Spooner & Perkins, P.C.