Common Mistakes in Workers’ Compensation Claims

Our attorneys have represented workers’ compensation claimants for many years. In many cases, there were innocent mistakes made by an injured worker that come back to haunt them down the road. When filing a workers’ compensation claim, here are a few things to consider and problems to avoid.

  • Request medical attention and report the incident after any work-related injury.
  • If your injury requires more than first aid, document your injury because it can be used against you later in your claim.
  • If you fail to get prompt, appropriate medical treatment, the claims adjuster or the defense lawyer may use this against you and argue that your injury is minimal and not work related.
  • Disclose everything in the first report.
  • Thoroughly disclose all injuries, both major and minor injuries.
  • Failing to report a minor injury and only focusing on more serious injuries can result in a claim denial for minor injuries. What appears to be a minor injury could be a major one. The symptoms may not be obvious right away.
  • Make a note of any witnesses to your accident and get written a statement from them if possible. In case the insurance company tries to deny it, a witness statement supports your claim.
  • Not filing a claim because no work was missed

    Workers’ compensation benefits don’t just apply to time missed from work. These benefits include payment for medical services and prescription drugs. The insurance will likely also cover travel expenses related to getting to and from the doctor.

    Communicating with the workers’ compensation insurance company

    An insurance adjuster is not your friend. They are trained professionals whose sole purpose is to protect the employer and the workers’ compensation insurance company. They want to save money and pay you as little as possible. An experienced adjuster or defense attorney can use statements made by injured workers against them.

    Be prepared to be watched, online and in public

    It is a common practice for insurance adjusters to hire investigators to gather evidence about your activities, and the purpose is to disprove that you are injured or prove your injury is not as serious as you claim. They can monitor your movements and activities or interview your neighbors. The investigator may video record you out in public.
    Anything you post on social media, especially activities that describe what you are doing and where you are going, may be put in the investigator’s report. The insurance adjusters want to see pictures or videos that show you engaged in any kind of vigorous, strenuous activity. It may only take about five seconds of video, a picture or a posting about your vacation to provide evidence that disproves your claim.
    When it comes to workers’ compensation, an ounce of prevention with a claim is worth a pound of benefits. If you have any questions about workers’ compensation or to get a free initial consultation, contact our office online or call us at 856-200-8989.