Jacob Luther Filing a work injury claim can be both stressful and complicated. After a work-related injury, you are likely to be dealing with some form of physical pain and emotional distress, all while having mounting financial concerns. Hence, it is crucial that a work injury claim is taken seriously, and common mistakes that can also help lose a case are avoided. If you don’t know what you are doing, the navigating workers’ comp system or dealing with the insurance companies may amount to a major delay or denial in your claim. That is why securing a successful outcome often depends on getting the proper guidance of a proficient Work Injury Lawyer in Philadelphia. In this blog post, we will discuss the most common mistakes people make when filing a work injury claim, along with how to avoid them:
1. Failure to Report the Injury Within the Given Time Frame
The first blunder that most people commit after an injury at work is the failure to immediately report the incident to the employer immediately. In most states, including Pennsylvania, the reporting time for injury is within three weeks from the date of the injury. If one fails to do so within the time frame given, he or she loses workers’ compensation benefits.
Regardless of the severity of the injury, and despite your instinct to “tough it out,” report the accident as soon as possible after the incident. Strains and other internal injuries may worsen with delay, and failure to report early on may complicate proving the condition is work-related. When reporting the injury, ensure that you tell in minute detail how you came about to sustain the injury. This should include information on time, location, and any present witnesses. This way, in case your claim faces a challenge later, it will work in your favor.
3. Failure to Seek Immediate Medical Attention
The second commonly occurring mistake is that they wait too long before seeking professional medical care after an injury is sustained. Perhaps some workers may think that they can handle the injury alone; they may also be afraid to consult a doctor because they might think it will cost them time lost at work or portray them as weak. However, ignorance in this regard can eventually have severe consequences.
In addition, delaying getting professional help may exacerbate your injury, thus taking longer for you to recover. Besides, the longer it takes before seeking a professional’s opinion, it would be difficult to determine that your injury was caused by a specific activity in your workplace. The insurance companies may refute your injury as minor or seek to know whether it really occurred due to your work.
Even though you are expected to report your injury to your employer, it is also very essential that you visit a doctor immediately, even if you think your injury is not much of a big deal. So, ensure you retain all the copies of your records with the doctor as they will play quite a big role in proving your work injury claim.
3. Failure to Obey Doctor’s Orders
After consulting with a doctor, you will want to follow through with the treatment they provide and pay close attention to any instructions given. This includes attending all scheduled follow-up appointments, taking all prescribed medications, and following any recommended restrictions or protocols for rest or physical therapy. Failure to follow your doctor’s orders can result in complications in recovery and could potentially be harmful to your workers’ compensation claim.
In some cases, insurance companies and employers may require medical records to determine if the injured employee is cooperating with their treatment. Any evidence that is discovered to reflect that you were not following your physician’s orders may shift the insurance company’s focus to claiming that you are malingering your injury or, worst case, denying your benefits. To guard your health and your claim, be sure to adhere to the doctor’s orders and record your medical visits and treatments.
4. Assuming Workers’ Compensation Automatically Covers Everything
Most employees believe that how to file an injury at work occurs easily, and all their costs are covered automatically by workers’ compensation. In fact, workers’ compensation claims often prove to be more complicated than they appear to be, and the benefits they actually pay can be quite limited.
Workers’ compensation typically covers medical expenses and the costs of rehabilitation; in addition, it may cover a percentage of lost wages; however, it will not cover everything. You may also not be compensated with regard to pain and suffering or other non-economic damages. You might even experience a protracted legal struggle with your employer or their insurance company to defeat denial of your claim.
Remember that the insurance company of your employer is working solely for that, not for you. They profit in a game where they make less money the more you make. Again, with an experienced Workers Compensation Attorney in Philadelphia, you avoid the ins and outs of the workers’ compensation law and can instead focus on healing and returning to work.
5. Lack of Detailed Records
Keeping impeccable and comprehensive records is pretty crucial when you file a work injury claim. In case you have kept those records improperly, confusion and disputes may arise between the insurance company and your workers’ compensation attorney, which would end in denial of your claim. You should record everything pertinent to your case, including:
- The date and time of the injury
- A well-described version of what happened and how the injury happened
- Witness statements or contact information of any coworkers who saw the accident
- Medical records and treatment notes
- Receipts of out-of-pocket expenses that you incurred in connection with your injury
- Correspondence with your employer or insurance company
- These will provide important and useful proof of the validity of your claim in case of disputes, so you can solidify your case for compensation.
6. Returning to Work Too Soon
Some workers feel pressured to go back to work before they fully recover, either because they fear that if the labor department knows they can do their work, they will let them off and send someone else; or they need all the income they can get and hate losing money. But returning to work too soon can jeopardize both your health and your claim.
Going back to work before you are cleared by the doctor may worsen your injury, leaving you at the risk of far worse health conditions in the long run. Furthermore, if your employer’s insurance company knows that you have returned to work a little too soon, you might lose all rights to workers’ compensation.
Always obtain your doctor’s approval before returning to work and ensure that your medical records indicate that he or she approves you for such an activity. For instance, while there may be some limiting restrictions that your doctor advises you to observe because of your injuries for modifications of duties or schedule on a part-time basis, that has to be adhered to within the said list of approved medical restrictions to avoid jeopardizing your health and claim.
7. The Misconception of Being Eligible for Worker’s Compensation
Some workers incorrectly assume they are exempt from filing for workers’ compensation based on the type of work they perform or how and when their injuries occurred. For example, numerous part-time employees, independent contractors, and seasonal workers believe they are exempt under workers’ compensation.
On the other hand, many workers are covered through workers’ compensation, even if they work only part-time. In a few cases, even independent contractors may be covered if they are misclassified as such and should lawfully be classified as employees. Finally, persons whose injuries do not result from a single identifiable incident, such as repeated stress injuries, are also covered under workers’ compensation.
If you’re unsure of your eligibility for receiving compensation benefits, now is the best time to employ a Philadelphia Work Injury Lawyer to determine whether you have a claim and for which types of monetary benefits you may qualify, then assist you in filing the workers’ compensation claim.
8. Settlement too early
You may be approached by your insurance company when making a work injury claim and settle out. The possibility of getting out of the case quickly can be really tempting but settling too soon can prove to be an expensive blunder.
Many times the settlement offer at the outset is less than what you truly deserve. Insurance companies often want to settle claims for the lowest possible amount, especially if they perceive the injured worker as being eager to get the case over with. A fast settlement could mean that you run out of money sooner for any future medical expense or lost wages, especially if your injury turns out to be worse than you had anticipated.
You should go to see a work injury attorney before accepting any settlement to scrutinize the terms of the settlement in detail for equitable compensation. An attorney will be able to provide you with legal advice so that you can negotiate with the insurance company on your behalf and help you find the maximum amount possible for injury.
9. Failure to Seek Advice from an Attorney
Perhaps the most egregious mistake an employee can make in the preparation and submission of a work injury claim is not to take legal advice. Although workers’ compensation has been created to benefit injured employees, the system is far from straightforward, and the interests of the employer and their insurance company often will diverge with yours.
A good Work Injury Lawyer in Philadelphia can guide you through the intricacies that define a workers compensation case and avoid making mistakes that others make. Whether it is denial, delay, or undervaluation, an experienced lawyer could plead for your rights and ensure that your rights are protected in the process.
10. Waiting Too Long to File a Claim
The final most destructive mistake you can make is waiting until the last possible time to file your work injury claim. Pennsylvania has very strict time frames for the purposes of filing workers’ compensation claims; these are often referred to as the statute of limitations. If you miss these, you may lose all rights to collecting any benefits at all.
The statute of limitation for a workers’ compensation claim in Pennsylvania is normally three years from the date of injury. It would however be important to report your injury to your employer as soon as you can because there are shorter deadlines for reporting workplace injuries to your employer, normally 21 days. Failure to meet these deadlines may lead to your denial claim.
If you have a work injury, don’t waste another day—hire the services of a work injury lawyer immediately to help make you tread on all the necessary steps to implement your rights to compensation on time.
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Conclusion
The process of filing a work injury claim is complex and doing something wrong while navigating the system could prevent from receiving any benefits. Avoid these all-too-common mistakes discussed here, such as delayed reporting of your injury, not reporting your injury at all, or perhaps settling too quickly-and you’ll be better positioned with the seasoned help of a Work Injury Lawyer in Philadelphia for a successful workers’ compensation claim.
