How to Avoid Harming Your Workers' Compensation Case
The actions you take after being injured on the job can affect your workers' compensation claim. They can affect your ability to file a claim, the acceptance or denial of the claim, and your final settlement in relation to the claim. Unfortunately, people often unknowingly make mistakes that can harm their case.
If you have been injured on the job, you will want to learn what mistakes can harm your case and avoid making them. Here are four common mistakes people make which can have a negative effect on their workers' compensation case.
Failing to Report Your Injuries
One of the mistakes that you can make if you are injured on the job is failing to report your injuries. Many people do not immediately report their injuries to their employers because they do not think their injuries are severe or because they are worried about getting in trouble with their employer.
Following an accident or incident on the job which has left you injured, immediately report the incident to your supervisor, boss, or human resources department. Once you report the injury, your employer is put on notice for the accident, and the clock starts to tick for your workers' compensation case to be approved, denied, or delayed.
If you fail to report the injury within 30 days, you may give up your rights to file a claim.
Not Seeking Immediate Medical Care
Another major mistake you can make in regards to a workers' compensation case is not seeking immediate medical care. When possible, seek care from a doctor who has experience with workers' compensation or industrial injury cases.
If you fail to see a doctor right away, it can be hard to correlate your injuries to a specific work place accident. For example, if you state you hurt your back lifting a box at work, but don't see a doctor for a week, it can be hard to show you injured your back at work versus at home.
A doctor who is versed in workers' compensation treatment can look for clues that the injury happened at work and write a report to help show why they feel the accident happened in the manner you said it did.
Lying About Previous Injuries
After reporting your work place injuries, the insurance company who handles your employer's workers' compensation cases will contact you. One of the questions that they will likely ask you is whether you have sustained any previous injuries to the part of your body you claim was injured at work. One of the mistakes you can make is lying about past injuries.
When you are asked about past injuries to the body part injured at work, you may think that it will harm your case to disclose previous injuries to the same body part. However, workers' compensation adjusters can, and likely will, subpoena your past medical records. Being open and upfront about past injuries shows you have nothing to hide.
Sharing Information on Social Media
The last mistake that you can make in regards to your workers compensation case is sharing information on social media. Anything you post on social media can be used against you in court.
People often post pictures of themselves engaging in activities that they shouldn't be while injured, or openly discuss their workers' compensation case on social media. Try to avoid posting on social media when you have an ongoing workers' compensation case. If you don't want to refrain from social media altogether, be mindful of the information and pictures you put out there.
Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.
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Making a false or fraudulent workers’ compensation claim is a felony subject to up to five years in prison, or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.