Mistakes that Invalidate a Worker’s Compensation Claim

Posted by Joseph Franks on January 1st, 2020

Thousands of employees file for a worker’s compensation claim in the U.S every year, and many of these turn out unsuccessful. According to Workers' Compensation Attorney In Denver, CO, many employees with legitimate work injuries or illnesses are denied only because they fail to comply with the requirements of the legal system. 

Avoid making these mistakes if you wish to achieve the medical care/financial compensation you deserve and need to recover:

1) Not Taking Immediate Action

When an employee encounters an injury at work or starts to experience symptoms of an illness, he/she should inform the employer in due time. In most states, the allotted time period is about 90 days, which may or may not be effective for every kind of health condition. Therefore, it is smart to take immediate action and report the incident in written form.

Make a copy of the document, so you have solid evidence to later prove that your boss was aware of the situation. Moreover, the Worker’s Compensation Act will negate your claim if you do not appeal to law within two years after being affected.

2) Skipping Appointments

Once you file for a worker’s compensation claim, you are constantly under investigation by the legal authorities, your employer, and the insurance company involved. You might be receiving treatment from a medical institution listed in your job contract, so you have to stay true to your testimonials.

Missing scheduled visits to the doctor will make you look suspicious and irresponsible. The official and non-official observers will get the impression that you are lying about your condition or it is not as serious as you say.

3) Partial Disclosure of Your Health Condition

It is extremely important to be transparent when you meet with a physician or healthcare expert. Do not hesitate or feel ashamed of mentioning any minor details. Several symptoms that appear faint or superfluous can be an indication of deeper issues. Whether it’s sporadic numbness in the fingertips or negligible throbbing in the forehead, make sure to mention it during your medical examination.

4) Lacking Evidence

Your employer and the insurance companies in question will strive to negate your claim and save their money. They will repeatedly challenge you in court and being resourceful shall help you dodge their games. You must build a strong case by gathering all possible proof of the accidents/practices at work and their effects on your health. Workplace photos, medical reports, and witnesses will strengthen your claim.

It is never a good idea to discuss your case with third parties or share your circumstances on a public platform. Social media and frenemies around you can twist words and use them against you.

5) Not Getting Professional Help

The complexity of a worker’s compensation claim varies from workplace to workplace or from one profession to another. Some cases are straightforward and employers are cooperative, so the matter does not need to be taken to court. Other times, the situation can be complicated and resolving them requires the input of a professional lawyer.

If it is your first time reporting a workplace injury or demanding compensation, it is best to consult an experienced worker’s compensation attorney. This is mandatory to obtain reimbursement for your loss and being able to provide for your family in the future.