In Court and On Paper

Common Worker's Compensation Mistakes

7 February 2023

Avery Bryant

Workers' compensation ensures employees financial aid and compensation if they suffer severe injuries in a workplace accident. The employee must file a workers' compensation claim following a workplace injury. Starting this process allows workers to receive approval for medical treatment and compensation for lost wages. This protection should extend throughout the worker's recovery.

Mistake: Not Immediately Reporting Your Workplace Injuries

After experiencing an injury at work, reporting the incident and your injury to a manager is essential. Your employer can file a report of the injury with the worker's compensation insurance company. This will authorize the insurance to process the claim to determine whether the victim qualifies. Failing to report the injury as soon as possible can complicate the claim process. An injured worker may even have their claim denied due to a delay.

Mistake: Assuming Every Employer Has Workers Compensation Coverage

Workers' compensation is state-mandated insurance coverage, which can lead to individuals assuming that every company must provide this protection. However, there can be exemptions that may allow a business to skip this coverage. One example of this type of exemption could be for small businesses. If a company does not have at least a minimum number of employees, the state may not require the company to buy workers' compensation coverage. If your employer does not have this coverage, you might have to pursue legal action against them. While this can be more time-consuming and difficult than filing a workers' compensation claim, it can provide you with compensation for your losses.

Mistake: Waiting To Retain An Attorney For The Worker's Compensation Case

Refraining from hiring an attorney as soon as a workplace injury occurs can be a significant mistake in your efforts to get compensation. An attorney can ensure that your rights as an injured worker are protected. When you retain a workers' compensation attorney, they can complete an evaluation of your case to determine the strength of your case as well as the steps that you should take. In addition to handling the complex legal aspects of the case, an attorney may also help prepare the documents and paperwork required for filling or appealing a workers' compensation claim.

Mistake: Not Appealing A Denied Claim

If the insurance has denied your workers' compensation claim, pursuing an appeal may be the next option that you can use. During a workers' compensation appeal, the victim must prove that their injury occurred on the job as part of their responsibilities. This may involve hiring medical professionals to verify the injuries that you have suffered, and it may require a comprehensive review of your medical records.

For more information, contact a workers' compensation claim attorney near you.

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