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
Accidents with the Uninsured
Let’s say the worst happens and you find yourself in a serious car accident. Even if everything after the crash goes according to plan, it is a difficult and confusing process. But if you add to all this the fact that the other person is not insured, you could be left facing an absolute nightmare. […]
Top 5 Causes of Pedestrian Accidents
A vehicle hitting a pedestrian can be termed one of the most traumatic accidents one could ever experience. Yet, it happens so regularly. According to the CDC, over 5,000 pedestrians die in car accidents annually, while an estimated 137,000 others visit the ER for non-fatal accidents. This makes one wonder, what spurs pedestrian accidents? Read […]
How Lemon Laws Apply to Defective Kia Vehicles
There is nothing more annoying than driving a car that is constantly having issues and needs repair on a regular basis. Kia, which is one of the fastest growing auto manufacturer in North America, is under scrutiny because some of its models have recurring problems that continuously need repair. If you have a Kia vehicle […]
Do Lemon Laws Apply in Auto Dealer Frauds
You’ve recently bought your dream car but can’t shake off the feeling that you just got swindled. Despite the dealer marketing it as a brand new vehicle, it has been exhibiting major defects you hardly expected. Many buyers fall prey to auto dealer frauds which can be costly especially if you’re financing a loan to […]
Driving Tips for Warm Weather
As winter thaws and we move into spring and summer, the roads will soon begin filling up with road-trippers and people moving cross country. The more cars on the road, and the more freedom we have in that nice, warm weather, the more risk we’re at of some kind of accident. Here are a few […]
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 […]
Workman’s Compensation — Beyond Physical Accidents
Every year in California, we see workman’s compensation claims that stem from traumatic injuries, accidents, and even accumulative physical strain. But what about the more subtle effects that can harm employees over time? Let’s take a look at toxic exposure in the workplace and what it means for you as an employee. If we are […]
Workers’ Compensation Laws in California
Accidents can be very prevalent at work. Some of the common injuries in workplaces include industry deafness as a result of working in a noisy area for a long time, a broken arm from slipping, or a muscle strain from carrying heavy loads. In many cases, employees injured at work usually receive unfair treatment and […]
Bike Maintenence Checklist
For those of us who bike to work, it’s clear that riding around is more than a hobby. Biking is something that can improve your mental and physical health. It can become a way of life, because to do it right takes commitment. You need to learn the best and fastest bike routes, have all […]
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. […]
contact form
