Some workplace incidents are just that—an incident. But, when you get injured due to poor working conditions or other hazards, you deserve compensation.
Workers’ compensation is designed to protect injured or disabled workers by ensuring they receive the financial support they deserve. It can cover medical treatments lost wages, and other costs that may arise while you are recovering from an injury.
Unfortunately, navigating the rules and regulations of workers’ comp is difficult. Moreover, the legal complexities of a workers’ comp claim might lead to misunderstandings.
Therefore, it is important to stay extra vigilant when filing for workers’ comp. Here are some common mistakes people make and why you should avoid them:
Waiting Too Long To Inform Your Employer
There are many reasons an employee might hesitate or fail to inform the employer after suffering an injury, such as:
- Fear of job loss
- Fear of looking incompetent
- Fear of retaliation
- Underestimating the severity of the injury
- Culture of silence within the organization
Delayed reports can give your employer or the insurance adjuster a reason to deny the claim. They might argue that you were injured away from work.
In most U.S. states, there is a set timeline to inform the employer about a work injury. For example, in Georgia, you have 30 days from the date of your work-related injury to notify your employer. To know more about state-specific workers’ comp regulations, consider working with Georgia workers’ compensation lawyers.
Not Seeking Medical Care
When a physical injury occurs, the body goes into the “flight or fight” response. Due to the rush of adrenaline, you might experience decreased pain or no pain at all. The initial surge can mask the full extent of your injury, making you believe there is no need for medical care.
Keep in mind that sensitive injuries, such as those involving your brain or spinal cord, can leave long-lasting effects if not handled properly. Therefore, it is critical to seek medical attention right away. Receiving medical care is also critical for fortifying your workers’ comp claim.
Delaying medical attention might raise suspicions, and the insurance adjusters might use it to twist the situation. When you don’t have sufficient evidence backing your claims, you might be forced to take low settlement offers.
Leaving Out Details of the Injury or Exaggerating
When you file for workers’ comp, you have to provide all the details of your injury. Here, accuracy is of the utmost importance. It is vital to advocate for yourself and mention all the information related to your injury. This includes the time, location, and causes of the injury.
Mention in detail any unsafe conditions at your workplace and how they contributed to your injury. You should also mention any prior illnesses or injuries and evolving symptoms.
Similarly, it is important not to exaggerate your condition or symptoms. Even employees who have credible cases for compensation sometimes exaggerate their symptoms, complicating the case. While some do it because they’re afraid of losing their case, others believe they deserve a higher compensation.
The final compensation amount is awarded based on numerous factors, such as your age, cause of the injury, and severity of the injury. Therefore, it is best to stick to the facts and avoid exaggerating.
Not Hiring a Workers’ Comp Attorney
Here’s a bitter truth: Employers and their insurance companies don’t always do the right thing. Despite knowing their irresponsible actions have caused discomfort, employers might not take responsibility. Therefore, it is critical to hire a workers’ compensation attorney as early as possible.
Here’s why hiring a workers’ comp lawyer is worth it:
Experience and Expertise
Workers’ comp lawyers have years of experience and are familiar with complex procedures. They know how to avoid common pitfalls and make your case bulletproof.
Dealing with Insurance Companies
Suffering a workplace injury is both physically and emotionally exhausting. During such a situation, dealing with an insurance adjuster who might try to downplay your injuries or deny your claim can be frustrating. Workers’ comp lawyers are aware of such tactics. They will fight for your rights, making sure you get fair compensation.
Settlement Negotiation
Most workers’ comp cases are settled through negotiation. Workers’ compensation attorneys have excellent negotiation skills. They will talk to the insurance company on your behalf and fight for maximum compensation.
Immediately Returning to Work
Many employees make the mistake of returning to work, even when they’re not fully healed. This can not only hinder your recovery process but also weaken your workers’ comp claim.
You might feel a sense of obligation or guilt for missing work. However, it’s vital to follow your doctor’s instructions about when to resume day-to-day and work activities. Moreover, if you’re performing physically stressful tasks before the doctor has cleared you, the employer might use this against you to deny your claim.
Not Keeping Thorough Documentation
Keeping organized documents is crucial for a successful workers’ comp claim. Here are some key documents:
- First report of the injury
- Medical records, including test results, prescriptions, and treatment plans
- Doctor’s notes regarding returning to work
- Employment records and salary slips
- Written witness statements
- Photos of your injury
- Photos or videos demonstrating unsafe conditions
- Personal statements explaining how the injury impacted your life and work
Think of these documents as evidence for building a strong workers’ comp case.
Missing Deadlines
No matter how strong your workers’ comp case is, if you’ve missed an important deadline, there is little to no hope. Working with a competent workers’ comp attorney will reduce the risk of missing deadlines.
For example, in Georgia, you have one year from the date of the injury to file a workers’ comp claim. However, individual steps may have shorter deadlines. Stay vigilant and keep in touch with your lawyer.
Suffering a workplace injury due to someone else’s recklessness isn’t the end of your professional journey. Seek immediate action, follow deadlines, and consult with a workers’ comp attorney to build a strong case and avail fair monetary and non-monetary compensation.
