Ways to Sabotage Your Workers' Comp. Case

Experiencing any work-related injury or illness is difficult enough as it is – adding the complex process of filing for workers’ compensation on top of that can only make matters worse. If you’re finding yourself overwhelmed at the prospect of going it alone if and when you need to file a workers’ compensation claim due to an injury or illness you suffered at work, you are not alone! 

Avoid Common Mistakes That Cost

Among some of the many ways handling your workers’ comp case alone can be difficult, making menial mistakes that could end in a denied claim are by far the most common. Having a team of expert attorneys on your side who specialize in workers’ compensation claims is key.

• Missing the deadline to file or report your claim.

• Not seeking appropriate medical care or medical care at all.

• Using an unauthorized medical provider for workers’ compensation cases.

• Claiming an injury or illness that doesn’t meet the requirements.

• Not providing sufficient witness statements to support your report.

• Filing a claim for an injury or illness that happened outside of your work-related tasks or workplace.

• Failing to have a significant source of evidence regarding your inability to work due to your injury or illness.

  1. Failing to act immediately after the accident

If you do not act immediately after the accident you could easily hinder your workers comp claim. You should document everything you can remember about your accident including what you were doing prior to the accident occurring, at the moment of the accident and immediately after the accident. Details you may think are insignificant can prove to be critical to your workers’ compensation claim at a later date. The more time that passes after an accident, the more details will be forgotten.

A record should be kept of all injuries and any pain or symptoms you may be having as a result of your injuries. A good method to accomplish this is to purchase a separate calendar to keep track of your doctor’s visits and symptoms.

Finally, make sure to keep copies of everything, including all costs associated with the injury. Those costs may include loss of wages, travel to and from doctors’ appointments, special services or necessary after care. Also, get copies of all of your doctor’s records, x-ray, MRI or CT results and lab reports every time you have an appointment. This is one of the most important and vital steps because it will save time, energy and expenses.

2. Failure to follow doctor’s orders/treatment plan

If you do not follow your doctor’s treatment plan or advice such as doing follow-up tests or physical therapy, it is important that you follow up on everything, even if you are feeling better. Don’t just brush off your doctor’s orders when you feel just a bit better. It’s common when individuals who suffered an injury on the job feel better, they wrongfully assume they can stop treatment or care. If your injuries could be treated this way you wouldn’t need to file a workers’ compensation claim. Symptoms often diminish during treatment but can rapidly return, or even worsen, if treatment is discontinued. By failing to follow your doctor’s advice it is easy for the insurance company to argue that your injuries are not as serious as you are making them out to be.

3. Failing to provide all details of the accident to your doctor

It is important to tell your doctor everything you can about the details of your injuries from your workplace accident and any prior injuries or pre-existing conditions. Be honest with your doctor about all of your symptoms, including changing and evolving symptoms. If you are feeling better, let your doctor know. It is also important that you do not embellish your injuries when speaking with your doctor.

4. Not hiring a workers’ compensation lawyer

In some cases, denial comes from your employers’ inability to follow through with their end of the claim or because they provided information or evidence that your claim isn’t legitimate. It’s best to consult with a worker’s compensation specialist

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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.