Filing a workers’ compensation claim after a workplace injury can feel overwhelming, especially when you’re already dealing with physical pain and stress. Unfortunately, small mistakes in the process could result in delays or even the rejection of your claim. Knowing what not to do is just as important as understanding the process. Today, we’ll outline the common missteps people make when filing workers’ compensation claims and how to avoid them.
Failing to Report the Injury Immediately
One of the biggest mistakes workers make is delaying the reporting of their injury. Many workers assume they should wait to see if the injury gets worse, or they fear negative repercussions from their employer. However, reporting your injury as soon as possible is critical. Not only is it a legal requirement in most states, but it also creates a record that supports your claim. If you wait too long, the insurance company might argue that the injury didn’t happen at work, putting your claim in jeopardy.
Tip: Notify your employer in writing immediately after the accident or as soon as you notice an injury caused by workplace conditions. Even if the injury seems minor, documenting it early protects your rights.
Overlooking Medical Treatment
Another common error is failing to seek medical attention promptly. Some workers may dismiss their injury as mild, while others try to “tough it out” without professional care. But skipping a doctor’s visit can hurt more than just your health—it can weaken your case. Insurers and employers rely on medical records to validate claims and determine the extent of your injuries. Without those records, proving the connection between your injury and your job could become a major challenge.
Additionally, make sure you follow all medical advice and attend follow-up appointments. Ignoring a doctor’s recommendations might indicate to the insurer that your injury isn’t as serious as you claim.
Providing Unspecific or Incorrect Information
When filing your claim, the information you give about your injury matters. Some employees make the mistake of being vague when describing their accident, while others tend to exaggerate to strengthen their case. Both can be detrimental to your claim.
For example, if your report says you hurt your back “two weeks ago lifting something heavy” but you fail to provide details about where or when it happened, your claim could be denied for lack of specificity. On the other hand, exaggerating details and being caught in a contradiction during the investigation could harm your credibility.
Be honest and detailed in your descriptions. Include what happened, where it happened, how it happened, and who witnessed the event. This ensures a stronger, more trustworthy claim.
Attempting to Handle the Claim Without Legal Guidance
While filing a workers’ compensation claim may seem straightforward, many people underestimate the complexities involved. Insurers might deny your claim for minor errors or push back on the amount of compensation you deserve. Trying to represent yourself could lead to costly mistakes, such as missing deadlines, improperly filing paperwork, or accepting a low settlement offer.
Consulting an experienced workers’ compensation attorney, like Reuben J. Felstiner, can help you avoid these pitfalls. A knowledgeable attorney ensures that the claim process is followed correctly and offers guidance through appeals if needed.
Ignoring Deadlines
Every state has deadlines for reporting an injury to your employer and filing a workers’ compensation claim. These are called “statutes of limitations,” and missing them can result in claim denial, regardless of the validity of your injury. Unfortunately, many workers miss these deadlines because they don’t know they exist or they procrastinate during the filing process.
Be sure to understand the requirements for your state and communicate promptly with your employer and insurance provider.
Avoid the Stress of Making Mistakes
Navigating a workers’ compensation claim can feel overwhelming, especially if it’s your first time going through the process. By avoiding common mistakes—such as delaying your report, skipping medical care, or trying to handle the claim on your own—you give yourself the best chance of receiving the compensation you deserve.
Taking proactive steps, communicating honestly, and seeking legal support when needed can make the process smoother and less stressful. If you’re uncertain about the next steps or want peace of mind, reaching out to an expert can provide clarity and help you avoid setbacks. Remember, you don’t have to tackle this alone.
