Common Workers Comp Mistakes You Must Avoid

Workers Comp Lawyer

If you were injured at work, you may be eligible to receive compensation for your medical expenses and lost wages. However, before you can recover compensation, you must file a workers compensation claim.

Here are some common workers comp mistakes you should avoid making.

Waiting Too Long to Tell Your Employer

Some workers wait to see if they get better before reporting a work accident to their employer. This is a big mistake. In New York, you have to report your injury within 30 days of the accident. If you try to notify your employer after that deadline has passed, you may no longer be eligible for compensation.

Embellishing Your Symptoms to Your Doctor

Another mistake some injured workers make is exaggerating their symptoms to their doctor in hopes of getting a bigger settlement. Doctors perform examinations and various tests, so they will likely know if you aren’t being truthful about your injury. They may report this to your employer, which can undermine your claim.

Failing to Follow Your Doctor’s Treatment Advice

After your doctor diagnoses your injury following your work accident, he or she will recommend the appropriate treatment plan. Whether the treatment involves taking medication or physical therapy, it’s important to listen to your doctor’s advice. If your employer finds out that you haven’t been following your doctor’s instructions, it could hurt your case.

Not Filing a Workers Comp Claim Because You Were Partially at Fault

Fault isn’t a factor considered in workers compensation cases. Therefore, if you got hurt in an accident simply because you weren’t paying attention, you still qualify for benefits. However, if you were under the influence of drugs or alcohol at the time of the accident, you will no longer be eligible for benefits.

Not Returning to Work When You’re Capable

If your doctor thinks that you’ve recovered enough to perform lighter duties at your job, you should return to work. If you fail to go back to work when you’re able, your benefits could get terminated. 

Failing to Hire a Workers Compensation Lawyer

If your workers compensation case is fairly straightforward, it might not be necessary to hire a workers compensation lawyer. On the other hand, if you suffered a disabling injury or your employer has retaliated against you for filing a claim, it’s critical to work with a skilled lawyer.

Schedule a consultation with a workers comp lawyer, like one from Hurwitz, Whitcher & Molloy, LLP.

Larry Wins!


    secure & confidential