While filing a workers’ compensation claim may appear simple on the surface, often it is not. Many mistakes can be made starting the moment after you get injured which can lead to you not getting all the benefits you’re entitled to.
These mistakes include but are not limited to:
Failing to Report A Workplace Injury to Your Employer
For a workers’ compensation case to begin, the injury must be reported to your employer in writing within 30 days of the event happening. Ideally this is done as soon as possible, however it must be done by the 30-day mark.
Visiting A Doctor Who is Not Authorized to Treat Workers’ Compensation Patients
If you’re treated by a doctor who isn’t authorized by the New York State Workers’ Compensation Board, your case may be denied. Before you seek treatment, check to see if your primary doctor is authorized. If not, you will have to visit one who is for your case to proceed.
While at the doctor, it’s important to be honest about your injury, the pain you’re having as a result, and how the injury occurred. If you minimize your pain or lie about how it occurred, the doctor could note this in your record and you may not receive all of the benefits you’re entitled to.
Speaking to A Claims Investigator
Workers’ Compensation insurance companies employ claims investigators in hopes of minimizing the injured employees’ benefits. The investigator is trained to work in the best interests of the insurance company, and they have a tendency of asking questions that lead to you telling them exactly what they want to hear. For a workers’ compensation case this would be a conflicting statement that doesn’t line up with your original story.
Accepting or Rejecting a Section 32 Settlement Before Working with A Lawyer
A Section 32 Settlement is a lump sum settlement that will terminate a workers’ compensation case if accepted. Accepting the settlement ends the right of the injured worker to receive ongoing and future benefits. If you accept the settlement and your condition worsens, the cost will come out of your own pocket.
Not Working with An Attorney
The previous mistakes can be avoided by working with an experienced workers’ compensation attorney. The attorneys at Erwin, McCane & Daly have a thorough understanding of the laws surrounding workers’ compensation cases and can help you achieve a positive outcome.
