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4 Common Mistakes that Ruin Workers Compensation Claims

25/01/2021

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. 


Mistakes That Ruin Workers Compensation Claim

You may have a legit workers compensation claim, but if you make the following mistakes, your chances of compensation dwindle significantly: 

  • Failing to Report the Incident Immediately 

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. 

  • Failing to Seek Legal Counsel

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.  

  • Providing Inaccurate Information or Falsifying Health Records

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. 

  • Not Following Doctor’s Orders 

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.  

Work with the Best Workers Comp Attorney Today

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.

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