Workers Compensation: 6 Mistakes That Can Spoil Your ClaimVaughan Law Group
A lot of people make mistakes which end up costing them more than they bargained for when collecting money for their claim. If you’re looking to file a worker’s compensation claim, be sure not to make the same mistakes as others before you. Be sure you collect the full payment for your workers compensation claim!
1. Failure to Report the Accident to Your Employer.
By law, it is required that claims are to be reported directly to your employer within a maximum of 30 days, in writing. In some cases, it’s permissible to proceed with a claim without filing a written report for the claim, but even in this case, you should make sure your reports are filed immediately, in writing.
2. Failure to Inform the Doctor of the Details of Your Accident.
In the case that your medical records don’t indicate the incidence of your accident, it’s possible for your claim to be suspect. Insurance companies will resort to any excuse they can to deny you your due. Missing information from your medical records is the best excuse for them.
3. Failure to Fully Inform Your Lawyer of All Facts.
Handling a worker’s compensation case can be quite difficult, even if your lawyer has all the facts. So considering that, if you fail to provide your lawyer with all the facts pertaining to your accident (whether good or bad), you’ll actually be risking handicapping your case. Don’t keep your lawyer in the dark.
4. Working outside Restrictions When You Return to Work.
In the case that you’re allowed by your doctor to resume working, you will probably have to do so with certain limitations. For example, you may not be allowed to lift heavy weights, sit for extended periods of time, etc. It’s important that you follow these guidelines. Your supervisor may instruct you to carry out tasks which require you to step over these limits. If you abide by your supervisor’s instructions, you’re basically setting yourself up. Make sure you carry your doctor’s note with you to work in the case that your supervisor attempts to compel you into working outside the restrictions. If you work outside the restrictions set out for you by your doctor, it automatically means that you are fit and able to work and therefore do not require any sort of compensation for your injury or disability.
5. Settling Your Claim without the Benefit of an Experienced Workers’ Compensation Lawyer.
If you think you can win the case against your insurance company and employer under the belief that they will play fair, you need to think again, because chances are, they’re going to use every point they can against you to weaken your case. Your employer and your employer’s worker’s compensation insurance company are both professionals when it comes to workers compensation. They do this day in and day out. You are probably new to this and you are looking to settle a claim without any professional help. That’s not going to be your best bet when the time comes to go to court. Everyone’s looking after themselves and you should too! Hire a professional workers compensation attorney and let him handle the case, professionally.
6. Assuming That the Compensation Rate Set by the Employer is Correct.
Be sure to calculate the benefits which you are entitled to receive from your workers compensation claim. These benefits are based on the following two factors:
- Your weekly wage (before deductions)
- Allowances provided by your employer
Know how much you are entitled to receive and don’t settle for a lower compensation rate!