Getting injured at work triggers a maze of decisions that can affect your medical care, income, and future employment. Most people have never dealt with workers’ compensation before, and that unfamiliarity leads to costly mistakes that can jeopardize their claims and recovery.
Our friends at Weinberg Law Offices see these same errors repeatedly, often with serious consequences for injured workers. A truck accident lawyer who handles workplace injuries can help you avoid these pitfalls and protect your right to benefits.
Failing To Report The Injury Immediately
The most damaging mistake is not reporting your injury to your employer right away. Many workers downplay their injuries, hoping they’ll feel better in a day or two. Others fear retaliation or don’t want to seem weak.
Workers’ compensation laws require prompt reporting, often within 30 days. Some states have even shorter deadlines. Missing these deadlines can result in denial of your entire claim, regardless of how serious your injury is.
Report every workplace injury to your supervisor in writing, even if it seems minor. Get a copy of the incident report for your records. What feels like a small strain today could develop into something requiring surgery months from now, and you need that documented trail.
Not Seeking Medical Treatment Right Away
Some injured workers skip the doctor because they think their injury isn’t serious enough or they’re worried about missing work. This gap in treatment gives insurance companies ammunition to argue your injury isn’t work-related or isn’t as severe as you claim.
Delayed medical care also means delayed diagnosis and treatment, which can make injuries worse. See a doctor as soon as possible after your injury. Follow all treatment recommendations and attend every appointment.
Using Your Personal Health Insurance
Your employer’s workers’ compensation insurance should cover all medical expenses related to your workplace injury. Using your personal health insurance instead creates confusion about who pays for what and can complicate your claim.
Always tell medical providers that your injury is work-related. They need to bill workers’ compensation, not your personal insurance. If you’ve already used personal insurance, notify your employer and the workers’ comp carrier immediately.
Giving Inconsistent Descriptions Of How The Injury Happened
Insurance adjusters and employers will ask you multiple times to explain how your injury occurred. Inconsistencies in your story, even minor ones, raise red flags and can be used to deny your claim.
Be honest and consistent every time you describe the incident. Stick to the facts about what happened, when it happened, and what you were doing at the time. If you can’t remember something, say so rather than guessing.
Not Following Doctor’s Orders
Workers’ compensation insurers monitor whether you’re complying with medical treatment. Missing appointments, refusing recommended procedures, or not following restrictions gives them grounds to reduce or terminate your benefits.
If you disagree with your doctor’s recommendations or can’t make an appointment, communicate this clearly and document your reasons. The Department of Labor requires injured workers to cooperate with reasonable medical treatment.
Returning To Work Too Soon
Pressure from your employer or financial stress might push you to return to work before you’ve healed. This is risky for both your health and your claim.
Going back to work can be seen as evidence that you’re fully recovered, even if you’re still in pain or limited in what you can do. Reinjuring yourself because you returned too early often leads to worse outcomes and complicated claims.
Only return to work when your doctor clears you. If you’re offered light duty within your restrictions, consider it carefully, but don’t push yourself beyond what your medical provider recommends.
Ignoring Light Duty Work Offers
On the other hand, refusing light duty or modified work assignments that fit within your medical restrictions can hurt your claim. Workers’ comp benefits typically require you to accept suitable work when available.
Light duty keeps you employed and earning income while you heal. It also shows good faith cooperation with your employer. If the offered work exceeds your restrictions, get clarification from your doctor in writing.
Not Keeping Detailed Records
Memory fades and details get fuzzy over time. Many injured workers rely on their recollection months later when disputes arise, only to realize they can’t remember important information.
Document everything related to your injury and claim:
- Dates and times of medical appointments
- Names of doctors and treatments received
- Conversations with your employer or insurance adjusters
- Expenses related to your injury
- How your injury affects your daily activities
- Symptom journals showing pain levels and limitations
This documentation becomes vital evidence if your claim is disputed or denied.
Posting On Social Media
Insurance companies routinely monitor social media accounts of workers’ comp claimants. A single photo of you doing something physical, even if it’s within your restrictions, can be misrepresented as proof you’re not really injured.
Avoid posting anything about your injury, activities, or daily life while your claim is pending. Adjusters take things out of context. That picture of you smiling at a family gathering doesn’t prove you’re pain-free, but it will be used against you.
Settling Too Quickly
Workers’ compensation insurers sometimes offer settlements before you’ve finished treatment or fully understand your long-term prognosis. These lump sum settlements close your claim permanently.
You cannot reopen your case if your condition worsens or you need additional surgery after settling. Never settle until you’ve reached maximum medical improvement and understand what future care you might need.
Not Getting Legal Help When Needed
Many workplace injury claims proceed smoothly without attorney involvement. But if your claim is denied, your benefits are terminated, you’re pressured to settle, or you’re facing permanent disability, legal representation becomes important.
Workers’ compensation is a specialized area of law with specific procedures and deadlines. Mistakes can cost you thousands of dollars in benefits and medical care you’re entitled to receive.
Protecting Your Rights And Recovery
Workplace injuries affect every aspect of your life, from your ability to earn income to your long-term health. We help injured workers understand their rights, avoid common pitfalls, and secure the benefits they need to recover. If you’ve been hurt at work or your claim has been denied or disputed, reach out to discuss your situation and learn how we can help protect your interests.
