Blog Post

Common Mistakes While Filing for Worker's Compensation

  • By Admin
  • 04 Jan, 2018
Workers Compensation
Regardless of how well you follow safety procedures, workplace injuries are still possible. That's why state law requires employers to purchase workers' compensation insurance to provide benefits to injured workers.

Unfortunately the process of getting those benefits is often fraught with roadblocks and frustration. If you're preparing a workers' comp claim, review these five mistakes so you'll know what to avoid.
Verbally Reporting Your Injury
If you're injured at work, it's crucial to make sure your report is documented. It's not enough to verbally report the injury. You need to have written documentation to prove the date you reported the injury and the circumstances in which you were hurt at work.
Most employers have a strict protocol for reporting work-related injuries and in most cases a written report will be taken, but this isn't always the case.

Failing to Request and Review Your Injury Report
It's reasonable to believe that your employer will record everything you report accurately. However, even if your injury is minor, request a copy of your report and review it carefully. If the employer leaves out critical details or confuses any of your statements, it can seriously hamper your workers compensation claim.

It's best to request a copy at the time of reporting, that way if you notice errors you can have them corrected on the spot. If you wait several days to request a copy and find errors, your employer may prove resistant to making changes to your report after the fact.

Waiting to Visit a Doctor
Visit your doctor for evaluation immediately after reporting the injury to your employer. Even if you feel fine physically, or don't think you were hurt badly, going to see a physician is crucial. It's not uncommon for people injured on the job to think that their injuries are not a big deal, only to find out later that they're severely hurt.

Don't try to go home to tough it out, head to your doctor to have your injury looked at. Only a doctor can tell you the extent of your injuries after careful evaluation.

Seeing an Employer-Selected Doctor
Your employer may request that you see a doctor provided by its insurer. Unfortunately, this is not in your best interest. By law, if you're injured on the job, you have the right to be evaluated and treated by the doctor of your choice. You are not obligated to see a doctor your company chooses.

Physicians employed by the insurance company may hold a bias in favor of the best interest of your employer. Your employer may choose a doctor who is likely to say that your injuries are not as severe as they really are. There's no way to guarantee that an employer-selected medical professional will treat you fairly.

Refusing to Return to Light Duty When Offered
In many cases when you're injured on the job, your employer may offer for you to return to work on light duty once cleared by your doctor. If you're unable to perform your normal work duties, you're not obligated to return to work with lighter responsibilities, but your decision is crucial. Your employer may use your decision to its advantage to bolster a claim that you had ulterior motives and really just didn't want to return to work.

Let's say you're a well-paid cable technician who installs complex lines outdoors for a telephone company. You sustain an injury and are unable to perform your job so your employers offers you light-duty office work making copies in the print room. The work may not appeal to you, but refusing when cleared by your doctor may hamper your claim.

Workers' compensation isn't a simple cut and dry process. To learn your rights and get help every step of the way, contact the Law Office of Jessie L. Alexander III.
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