If you’ve been hurt at work, certain decisions, actions, and inaction will determine how much money you can recover from your workers’ compensation claim. Even if you’re certain you have a valid claim, some mistakes can result in denied benefits.
Below are the most common errors employees make after a workplace injury.
1. Failing to report the injury fast enough
Your injury must be reported within a set timeframe to be considered valid. If you delay notifying your employer for any reason, missing the legal deadline can get your claim denied. Failing to report your injury means there’s no official record that connects the injury to your workplace, and even when you file within the proper time frame, that absence of documentation can be used against you.
Not reporting your injury quickly also creates suspicion and gives the insurance company a good reason to question the validity of your claim, even when you’re still within the legal timeframe for filing.
Although it might seem reasonable to delay reporting your injury because you fear retaliation or you didn’t think it was that serious, this works against you. For example, if you wait until a minor strain turns into a serious condition, your injury might be valid but your claim could still be denied.
2. Not seeking medical attention
Medical documentation is the basis for every workers’ compensation claim, and without it, you’ll have a hard time proving your injury was work-related. More importantly, if you don’t seek medical care, you can’t seek compensation for medical expenses.
Don’t try to tough it out, even when your injury appears minor. There’s a good chance you’ll make your injury worse or delay healing. If you end up with a complication or need medical care after all, your employer or insurer might argue that your condition was never severe enough to warrant a claim.
Get checked out by a doctor right away and follow their prescribed treatment plan. Don’t skip follow-up appointments, referrals, or testing. If you don’t follow their instructions, the insurance company will use that against you and claim your injury has healed. This will severely undercut your benefit payouts.
3. Not hiring a lawyer
Not every workers’ compensation claim requires legal assistance, but if your claim is being disputed or denied, you’ll benefit from a workers’ comp lawyer. Appeals are challenging because they require following strict procedural rules that are often difficult for non-lawyers to meet. A lawyer will appeal your denial professionally and will fight to get you what your case is worth. For example, they’ll calculate any long-term medical needs, disability requirements, and lost wages to help you avoid undervaluing your claim.
4. Giving recorded statements
Insurance adjusters commonly request recorded statements early on. Although it seems routine, any statement you provide will be scrutinized for inconsistencies that can be used to devalue or deny your benefits. Even a minor discrepancy between your initial statement and later testimony can be framed as dishonest.
Avoid making statements like “I’m feeling better,” “I’m fine,” or “it’s not as bad as I thought.” These statements will be used to argue for your early recovery and will lower your benefits. If you feel pressured into giving a statement, talk to a lawyer first.
5. Posting on social media
Everything you post in the digital sphere can be framed in a way that devalues your claim. Insurance adjusters routinely scour social media accounts when evaluating claims. If your friends tag you in certain content, it might appear to contradict your reported limitations. Even a single image that looks like you’re moving freely can be used to prove you’re either not injured or have already recovered.
It’s best to avoid social media completely, don’t comment or “like” anything, and remove the ability for others to tag you in posts or check you into locations.
6. Returning to work too soon
The financial pressure of missing work can push you into going back to work before you’re truly ready. This mistake can not only cause your benefits to stop short, but it can lead to long-term disability.
Don’t ignore symptoms like persistent pain or reduced mobility. If it’s going to interfere with your ability to work, prioritize your wellbeing. Going back to work too soon can have long-term consequences you might not see coming.
Protect your claim from the start
Being injured at work will disrupt your income and health while you heal, but that’s why workers’ compensation exists. However, to get the full financial benefits you’re entitled to receive, it’s crucial to avoid the mistakes outlined in this article.
Act fast because every decision you make will impact the amount of compensation you recover.
