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Top mistakes to avoid when filing your workers comp claim

December 19, 2018 Published in Firm News

If you sustain an at work, workers’ compensation benefits can give you the help you need to pay your bills and get medical treatment. However, some common errors can cause problems such as delays, fewer benefits than you need and even outright denials.

Even if you think you have a straightforward case, consulting a workers’ comp attorney can help you maximize your chances of getting the results you deserve. If you receive a denial, your lawyer can help you move through the appeals process. Be sure to act as soon as you receive the notice, as appeals run on fairly tight deadlines.

Delaying the incident report

Although, technically, you have a few days to report your injury to your employer, it is prudent to notify your boss as soon as an accident happens. Delaying notification can undermine your credibility and potentially make room for your employer to argue you were injured elsewhere. You should report an accident as soon as it happens, even if you do not think you were injured or you believe you only sustained a minor injury. Not all injuries result in immediate symptoms, and some may appear lighter than they really are.

Changing or omitting information

Problems can also arise when there are contradictions among the various reports the insurance company will look at to make a decision. The best way is to present the complete facts surrounding the accident and your injury to everyone, including your employer and your doctors. Leaving out details and relevant explanations can make you look as if you are embellishing or changing your narrative. Remember to document your course of treatment, symptoms and other relevant information.

Skimping on treatment

When you see a doctor for your injury, he or she will likely give instructions for further testing and care as necessary. It is vital both to your health and your workers’ comp claim that you follow these instructions precisely. Missing appointments, neglecting work restrictions and failing to take medications are some common things people do because they are already busy and tired, cannot afford to work less, or experience unpleasant side effects.

If any parts of your treatment plan are problematic for you, discuss this issue with your healthcare provider. Otherwise, the insurer could claim you were not injured as badly as you say, or that you caused many or all the injury’s consequences by failing to treat it properly.