Did you know that private industry employers in 2023 reported 2.6 million non-fatal workplace illnesses and injuries?
The Bureau of Labor Statistics reports that the tally was down 8.4% year-over-year. It adds that illnesses dropped to 200,100 cases — down 56.6% — while injuries came in at 2.4 million.
While the place you go every day to make a living should be among the safest on earth, that’s not always the case. Many people find themselves on the sidelines each year due to workplace mishaps. If the injury requires them to take time off work and seek treatment, they should consider speaking to a workers’ compensation lawyer.
But even the most reputable workers’ compensation lawyers will have trouble achieving good outcomes if their clients make certain mistakes. Insurance companies will pull out all the stops to find something they can use to deny claims. If you must hire a workers’ comp lawyer, you don’t want to commit missteps that make your lawyer’s job harder.
Here are three things you must avoid if you don’t want to derail your workers’ comp case.
1. Failing to Report the Injury Promptly
After a workplace injury, it’s essential to report the incident to your boss immediately. Don’t delay needlessly. Deadlines for reporting such accidents differ depending on the state you live in, but you normally won’t run into trouble if you report right away.
The problem with waiting too long is that your employer and the insurer could challenge where you were injured. It’ll be easier to refute your argument that the injury occurred at work.
Another reason to avoid needless delay is that you could miss the statute of limitations. It’ll be like adding insult to injury if you, firstly, get injured at work and, secondly, have no way to get compensation because of waiting too long to file a claim. So, after an accident at work, inform your employer and fill out any necessary paperwork.
You should also consult with a workers’ compensation lawyer to see if you have grounds to file a claim.
2. Not Seeking Medical Attention Right Away
Another mistake to avoid is delaying medical treatment after a workplace accident that causes injury. While some employees believe that going to work while sick and maintaining a stiff upper lip is like taking one for the team, it could be the undoing of your workers’ compensation case.
If you don’t get prompt medical treatment, an insurer can downplay the seriousness of the injury. An insurer will cast doubt on your injury woes if it’s shown that you delayed seeking medical attention for weeks or longer.
Seeing your doctor promptly can help prove injuries and the extent of injuries. Your workers’ comp lawyer will need accurate medical records to strengthen your compensation claim. Failing to get medical care soon enough could dig you a deep hole you can’t get out of.
3. Failing to Follow the Doctor’s Instructions
It’s important to heed your doctor’s recommendations when filing a workers’ compensation claim. In addition to seeing your doctor immediately after a workplace accident, you must follow the doctor’s instructions going forward. That includes following all prescribed medications and treatments.
Throwing caution to the wind by skipping appointments, refusing physiotherapy, or ignoring advice can make it harder to win a workers’ compensation case. An insurer can argue that your bad health could stem from not addressing the problem through proper medical care.
Your best bet when pursuing a workers’ compensation case is to select a reputable lawyer and follow their recommendations. The odds will be in your favor, and you’ll avoid missteps.
A workers’ comp case can be a stressful affair, but you can make things much worse by making any of the three mistakes detailed above. If you want to increase your odds of success, hire a good lawyer and follow their guidance so you don’t derail your chance at getting compensation.
