Five Ways You Can Destroy Your Workers’ Compensation Claim
Sustaining work-related injuries entitles you to claim workers’ compensation benefits from your employer and their insurance provider. However, claiming workers’ comp requires you to undergo a tedious settlement process to prove you deserve the benefits.
The insurance carrier may also try to damage your case to avoid releasing money and protect their business interest. You should thus avoid mistakes that could damage your case and prevent the insurer from reducing or denying your compensation.
So, know the mistakes to avoid when claiming workers’ comp to optimize your benefits.
Mistakes to Avoid when Claiming Workers’ Compensation
1. Medical Care Delays
Immediate medical evaluation is necessary when claiming benefits. Aside from getting medical treatment to recover, it also proves that your injury is severe enough and that you deserve compensation.
Delaying this vital step may give the impression your injury isn’t severe enough as you managed its symptoms without immediate professional help. Moreover, the insurance adjuster may prove you sustained injuries from other non-work-related causes.
For example, suppose you slipped and fell in the workplace, hit your head on a hard surface, and got a severe headache. Consulting a physician after a few days may prove you sustained your head injury at home and not in the workplace.
2. Failure in Submitting an Accident Report
You have 30 days to submit a written report to your employer after sustaining a workplace injury or discovering a hidden work-related condition. You won’t be able to file workers’ comp if you miss the deadline.
The document should contain vital details like:
- Your name and contact number
- Cause of your injury or ailment
- The extent of the health condition, like the symptoms you experience
It’s also helpful to attach medical documentation on the accident report for your employer and their insurance provider’s reference.
3. Failure in Filing a Workers’ Comp Claim Form
The workers’ compensation claim form is a vital requirement that officially starts your benefits settlement process. You must file this form within one year of sustaining a workplace injury.
Your employer should provide a claim form copy within 24 hours of reporting your injury. Fill out the employee’s section and return the document to your boss so they can complete the employer’s section. They will then send the form to their insurance carrier for review.
4. Not Following Your Physician’s Advice
Remember to follow your physician’s advice to strengthen your benefits claim. It proves you suffer from workplace injury and deserve a particular treatment cost.
For example, take your prescribed medication and keep your pharmacy receipts as evidence to prevent the insurance provider from denying your compensation.
5. Claiming Workers’ Comp Without a Lawyer
Hiring a Burbank workers’ compensation lawyer gives you excellent advantages when claiming workers’ comp, like:
- Proving facts about your injury, like its severity and work-related cause
- Proving the treatment you need
- Determining your deserved benefits amount
- Representing you in settlement or court trial
They can thus help you avoid low settlement offers from the insurance carrier. Moreover, they help speed up your claim and keep it from reaching court trials if possible.
And having an attorney handling your legal action also helps you focus on recovering from your injury.
Consult a Workers’ Compensation Attorney in Burbank for a Successful Benefits Claim
Avoid the mistakes above to keep the insurance provider from damaging your workers’ compensation claim. While the claim process remains challenging, avoiding these failures helps prove your deserved benefits.
Hiring a Burbank workers’ compensation lawyer will further support your case as you will have a professional guide throughout the settlement process.