Thousands of workers are injured annually while at the workplace. According to the Bureau of Labor Statistics, one worker succumbed to workplace injuries every 99 minutes in 2019, while over 99,000 others retained non-fatal injuries.
Despite the prevalence of workplace injuries and the increasing number of workers compensation claims, only a few victims are usually compensated.
Some of these claims are denied not because the injuries and illnesses aren’t legit, but because of the mistakes made while or before filing the claim.
You may have a legit workers compensation claim, but if you make the following mistakes, your chances of compensation dwindle significantly:
Some employees are usually reluctant about reporting their injuries because they don’t want to ruin their relationship with their employers or because they can’t afford to stay home. Others assume the injuries aren’t that serious, and that they’ll go away with time.
Unfortunately, failing to report the incident immediately negatively impacts their shot at compensation.
Why? Workers compensation claims are subject to the statute of limitations.
For instance, in California, an injured employee is required to report a workplace accident in writing to their employer within 30 days, and file a claim within a year. In states like Colorado, one is required to do within four days to maintain full eligibility.
Similar to any other businesses, insurance companies are out here to reap as much profits possible. So, when a risk occurs, they’ll try to settle as soon as they can, with as little as possible.
They’ll take advantage of your lack of knowledge about workers compensation, and will convince you to take whatever they offer. This might seem like a good thing because all you want as an employee is to get over and done with it.
Unfortunately, the moment you accept the offer there’s no going back. That means if your injuries worsen, or if the resulting medical bill is higher than what you were offered, you’ll have to pay out of pocket.
When you seek legal counsel, you’ll avoid making such a mistake. Your workers compensation attorney will also advise you on what to do, and what to avoid to avoid claim denial.
After an injury or illness at the workplace, one may be tempted to provide inaccurate information about the incident or falsify health records to get more compensation than they deserve.
For instance, an employee who suffered a dislocated arm while working may falsify their records to show they broke their arm so they can claim more benefits.
This is called workers compensation fraud, and may result in not only your claim being denied, but also jail time.
You may report your injuries immediately and get treatment for them, but if you don’t follow your doctor’s orders, you risk your claim being denied.
Your employer’s insurance company may argue you are intentionally prolonging your pain, or worsening your condition so you can claim more benefits.
Skipping doctor’s appointments, not taking your medications, and doing things you’ve been restricted are a few examples of things that jeopardize your claim.
Worker’s compensation is a murky field. A slight mistake might be the thin line between successful claim compensation, and denial.
Ensure you get the best worker’s compensation attorney to walk with you. Luckily you don’t have to look further because our team is waiting to hear from you. Drop us a line to schedule an obligation free consultation.
blogs
Lemon Laws for Defective Hyundai Vehicles in California
If your newly acquired or leased Hyundai car has repeated problems that require repair, the vehicle manufacturer or its licensed representative owes you a refund, repair, or replacement. If you wind up with a lemon car and the manufacturer is not willing to take care of the vehicle, you will need to seek the counsel […]
Car Airbag Injuries: What You Need to Know
Car airbags are designed to save lives in the event of a car crash. They are among the most innovative, auto-safety features of recent decades, and have even been proven effective in reducing driver mortality. However, even though efficient, airbags are sometimes the reason behind fatalities. We explore various airbag defects, the type of injuries […]
Safest Cars for 2022
If you are in the market for a new car, there are a lot of things on your mind. Besides cost and value, there is also style, reliability, and size to consider. But, above all, the most important thing should really always be safe when it comes to buying a new car. There are a […]
Bicycle Safety in California
In a lot of ways, California is known as the driving capital of America, if not the world. Where else are so many people absolutely defined by their vehicles, their routes to work, and even their carbon footprint for transportation? The state requires some of the most stringent emission requirements across the nation and is […]
Five Pedestrian Accident Facts
Some numbers have Arizona as the most dangerous state in the U.S. when it comes to pedestrians. They are in the most danger by simply being outnumbered, which means accidents are likely to rise as the number of automobiles on the road continues to rise. It is important for you to not only understand how […]
Five Things to Check Before a Car Trip
Before a long car ride, we are talking anywhere from 100 miles and up, there are things to check out. Having a good mechanic is key if you are lucky enough to find one. But it is also essential to have some idea of what makes your car run safely, at a basic level. We […]
Five Products for Increased Bicycle Safety
Bicycle accidents are unfortunately increasingly common in both California and Arizona, causing many to seek damages to compensate for their losses. Defensive driving and being aware of your surroundings are the best tools for safety, as is making sure your bicycle is properly maintained, making sure to wear a helmet, and obeying all street laws […]
Statute of Limitations and Personal Injury
For many of us, when a personal injury occurs there can be a lot of mixed feelings. Some people may feel guilty that they got injured, even when the blame lies with someone else. The first concerns you will obviously have will be about your health and safety. You may not even be considering what […]
Purchase or Replace a Lemon Car? Californian Lemon laws Relating to the Decisions
If your vehicle meets the Californian lemon law requirements, you have the right to ask for a car replacement or monetary compensation from the manufacturer. For financial compensation, the manufacturer is required to restore the buyer to their original position. However, if you prefer a car replacement, the manufacturer compensates you with a similar vehicle. […]
Dealing with Dog Bites
Dog bites, dog attacks and maulings by dogs are a problem the world over. Sometimes these injuries can be fatal. They tend to affect children most (most children have been bitten by a dog they know by age 11), but can happen to anyone. It can be helpful to understand some techniques for avoiding dog […]
contact form