9 serious mistakes to avoid in your workers’ comp case

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9 Serious Mistakes to Avoid in your Workers’ Comp Case Workplace injuries do not always happen in obviously dangerous workplaces like construction sites. Accident that results in injury can occur anywhere. If you or a loved one gets injured in an accident at work, a workers’ comp attorney can help. They understand the common mistakes that may prove disastrous for your workers’ compensation case. Anything you say and do from the time of the accident plays a role in your case. Here is a look at 9 of the most common yet serious mistakes people make after a workplace injury. Not documenting the details It is very important to write everything down and include even minor details of your accident and injury. Don’t rely on anyone else to do it for you. Make a note of anything you or your coworkers may have said about the accident. Write any comments that emergency personnel made about your injuries. Not being honest about the symptoms Some people may feel embarrassed or uncomfortable to talk about their injuries but that weakens their case. Anything that points to the non-seriousness of your injuries can turn your claim invalid. Not choosing your own doctor Once you have been to the doctor chosen by your employer or their insurance company, you can ask to go to a doctor of your choice. Not following the Doctor’s advice Not following the doctor’s advice, failing to show up for appointments or tests, not getting treated or not taking medication will show that your injuries are not as serious as you claim and may invalidate your claim. In addition, your injury may become worse. Not returning to work upon release Depending on your injury and the type of work you do, your doctor may tell you to return to work with the same or a ‘light duty’. Not showing up for work can hurt your credibility. If you are experiencing pain or discomfort doing even lighter duties, consult your doctor again. Not checking the weekly wage The workers’ compensation adjuster determines your average weekly wage. This amount will determine how much workers’ compensation you are eligible to receive. This may not include the amounts you receive for overtime, vacation pay, or company incentives. To check whether the amount is correct, add your pay for the past 52 weeks (excluding bonuses) and divide the total by 52. Not being honest with your attorney Be honest with your work comp lawyer. Share the facts of the accident and your injury. Share any previous legal issues or records the insurance company might use to discredit you, such as previous workers’ comp claims, your employment history, drug or alcohol use etc. Not filing the claim soon It is extremely important that you report your injury to your employer within 30 days of the accident or from the time of your diagnosis with a work-related illness. Once you have done that, you also need to file your workers’ comp claim. The time limit for filing the claim is longer if you wait too long, your claim will be denied.


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