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Wrong Moves Lower Your Chance of Recovering Workmen’s Compensation Benefits

By Luke Worli posted 01-26-2021 03:33 AM

  

Sustaining an injury on the job could entitle you to claim workers’ compensation to cover your medical bills, pay your wages while you cannot work, and pay for any pain or suffering caused by the injury. Filing a workers’ compensation claim sounds easy enough. 

After all, you only need a doctor’s report and a few other documents. However, getting your claim settled is a complex process, and many people make some crucial errors along the way: Here are four examples:

Not hiring an attorney

Many people are reluctant to seek legal assistance after a workplace injury. They might not feel they really need a lawyer or that it will be too expensive to hire one. Others think that they cannot trust attorneys and do not have a personal attorney they have a good relationship with who can refer them to someone reliable. 

Another fear that injury victims fall prey to is that securing an attorney’s services will put them at odds with their employer or the insurance company and that they might be victimized at work because of this choice.

According to the Felicetti Law Firm, the chances of your claim being settled for a reasonable amount decrease drastically if you go it alone. Employers and insurance companies have legal experts who will go to great lengths to avoid settling. It is a David and Goliath battle you are unlikely to win without an attorney in your corner.

Not reporting an injury timeously

The chances of securing a workers’ compensation payout decline with each hour, day, or week you leave between having the accident and reporting it to your employer. 

Upon starting work with an employer, ask for the company’s accident policy so that you know which procedures to follow. If there is no such policy, make a point of informing everyone at the workplace of your accident, including supervisor, co-workers, and any witnesses.

While there is no rule that states you must report an injury immediately, failing to do so opens you up to some challenges in your claim. If you declare that you hurt your hand at work but waited several days before reporting it, the employer or insurance company can demonstrate that there is a probability that you could have sustained the injury elsewhere, making them non-liable for your claim.

Not seeing a medical professional immediately

You should see a doctor or report to a hospital immediately after sustaining an injury so that a medical professional can document its extent and what treatment it requires. The same approach mentioned above could harm your case if you file a claim. 

A court could rule that you allowed your injury to worsen by not reporting it, reducing the settlement amount you are entitled to. Give the doctor a detailed description of what happened and the injury’s location and nature.

Another vital mistake to avoid here is not giving the doctor a full medical history. Even though a condition might not be related to your injury, failing to disclose it could put the entire claim at risk. Attorneys might argue that if you lied about your medical condition, you might be lying about the injury. 

Not complying with medical treatment

For a successful workers’ compensation claim, you need to prove that you followed the doctor’s treatment advice to the letter. This includes taking prescribed medications and utilizing recovery advice. 

It is not beyond insurance companies to do a lot of digging before settling a claim, which could include interviewing witnesses, family members, friends, and neighbors. If you injured your back and the doctor told you to rest it, being seen lugging heavy boxes around will not augur well for your claim.

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