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6 Mistakes That Can Hurt Your Workers’ Comp Claim

Submitted by rsg on Wed, 06/17/2020 - 15:47

So you were injured while working and have decided to file a workers’ compensation claim. If approved, workers’ compensation can help cover the medical costs associated with your injury as well as the wages that you won’t receive if you cannot work. But did you know that there are common mistakes made that can hurt your workers’ compensation claim? Avoid the mistakes below to help increase the chance of having your workers’ compensation claim approved!

1. Not Reporting Your Injury to Your Employer

If you do not report your injury to your employer, there is a chance you will not be eligible for benefits. In many states, you need to report your injury within 30 days, but it does vary by state. The sooner you report the injury the better. A report will be filled out documenting the injury and how it occurred. This report will help legitimize your claim.

2. Failing to Get Medical Attention

After your workplace injury, if you do not seek medical attention then you may have a difficult time receiving workers’ compensation. Many workers’ compensation insurers require that you see one of their approved doctors. Without medical documentation from a doctor, you will likely not have a strong foundation for your claim. In addition, the value of your workers’ compensation claim can depend on the severity of your injuries and treatments. Without medical attention and medical proof, it can be hard to receive a fair compensation amount, if any at all.

3. You File Too Late

There is a statute of limitations for filing a workers’ compensation claim. This can vary by state. If you wait too long to file your claim and exceed your state’s statute of limitations, then your claim will be denied. File your claim in a timely manner to avoid missing out on the compensation you deserve.

4. Lack of Evidence

When filing a workers’ compensation claim, the more evidence you have supporting that the injury occurred at work and the extend of the injury can help improve the chances of an approved claim. Try to get witness statements, surveillance footage of the accident, photos of the scene of the accident and copies of the incident report to support that your injury occurred while working. Make copies of your doctor’s notes, invoices, treatment plans, etc. to show the extent of your injuries.

5. Not Following Doctor’s Orders

After you seek medical care, follow your doctor’s instructions as closely as possible. Not only will this help you heal, but when you do not follow the treatment plan the insurance company may find that your claim is invalid. Sometimes workers’ compensation insurance companies hire an investigator. If they find you are not following doctor’s orders your claim may be denied.

6. Not Getting Help With Your Claim

Workers’ compensation claims can be challenging. They can often lead to a lot of back and forth with your employer’s workers’ compensation insurance company to negotiate a settlement or may even result in court. Having help from a workers’ compensation attorney can help make the process easier. To get in touch with a workers’ compensation lawyer that takes cases in your area, complete the Free Case Evaluation on this page today!

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