9 Mistakes That Can Wreck Your Workers' Compensation Claim

Many people fail to take take advantage of the complete benefits owed to them in their workers’ compensation claim. Here are 9 mistakes these people make that you should avoid when it comes to workers comp:

Not Reporting the Accident Properly
Properly reporting your accident to your employer is certainly the most important step if you are injured on the job. You should check your employee manual for the accident policy. If you don’t find anything there, follow up with Human Resources. If there is no protocol for reporting the accident, let as many of your colleagues know about your accident as possible. Many employers refuse a claim stating that they were not notified of the accident in time. Don’t make this mistake.

Failing to Provide a Complete and Accurate History to Medical Providers
If you don’t tell medical providers where you hurt, then you won’t just have hurt physically but legally as well. When insurance companies investigate claims, in addition to talking to injured parties and witnesses, they also inspect the medical records. Incomplete/inconsistent reports can make it difficult for them to compensate you. Moreover, if your case goes to trial, the medical records will be the most powerful pieces of testimony included in the trial.

Failure to File a Notice of Injury
You need to file a Notice of Injury as soon as possible with the State of Nevada or California. Failure to do so may result in your compensation claim being barred after a certain time period. Each case is a little different but you need to file this notice as soon as you can.

Non-Compliance with Medical Treatment
Your employer may have the right to direct your medical treatment. If after being injured you are out of work and receiving benefits from a workers’ compensation insurance company, its vital that you comply with your physician’s recommendations. Failure to do so may result in the suspension of your benefits.

Not Clarifying What Your “Light Duty” Is
Employers often assign light duty to injured workers based on the request of workers’ compensation insurance company. Either the insurance adjuster or your employer will subsequently ask you to return to work. You need to clarify what those “light duties” will be. If your employer is ambiguous, it can lead to a confrontation later on when you don’t agree that the work assigned to you is indeed “light”. This predicament can create a difficult situation, one that can be easily avoided by clarifying your duties and making sure you can do them easily within your restrictions.

Not Getting a Second Opinion
Even though the insurance adjuster is in the position to tell you where you should get your treatment, he/she cannot keep you form requesting a second opinion. If your employer or your insurer tells you that you can’t have a second opinion, tell them its against the law.

Accepting That There is No Money After Your Impairment Benefits
It happens more than it should; the insurance company sending the affected person impairment benefits and stating that this is the last check he/she will receive. On the contrary, you can go beyond what is known as the “maximum medical improvement”. You should get in touch with a workers’ compensation lawyer to determine what’s your best course of action regarding this matter.

Believing That Your Employer Can Call You After Maximum Medical Improvement
Despite what your employer may tell you, they have no right to to bring you back to work after your maximum medical improvement. So don’t cave at the first call you receive from your boss. Talk to a lawyer and see what options you have before you can return to work.

Not Hiring a Lawyer
Far too many people make this mistake. Although a lawyer will probably take a portion of the money you get from your insurance company, he can dramatically increase the chances of you getting all the benefits you’re entitled to. On the whole, you will be better off financially and mentally with a lawyer than without.

Talk to Kipper Insurance today to learn more about the fine print of workers comp. It will be well worth your time and money.

9 Mistakes That Can Wreck Your Workers' Compensation Claim

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