Common Mistakes To Avoid When Filing a Workers’ Compensation Claim

If you've suffered an injury while on the job, filing a workers' compensation claim can be a crucial step towards getting the financial assistance and medical care you need to recover. Unfortunately, the process of filing a claim can be challenging and intricate, and mistakes made along the way can lead to denials and delays in receiving benefits.

But don’t worry… we’re here to help!

To avoid common errors when filing a workers' compensation claim will increase the chances of getting the help you deserve. In this article, we will provide you with a guide to avoid common mistakes, so you can navigate the process with confidence and get the support you need to move forward.

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1. Failing to Report the Injury Immediately

   It's important to report a work-related injury to your employer immediately. Waiting to report the injury can make it challenging to prove that the injury occurred at work which may prevent you from getting benefits you deserve.

   If you wait too long to report your injury, your employer may question the validity of your claim, and the insurance company may refuse to cover your medical expenses and lost wages. Some states have a time limit for reporting work-related injuries, and if you wait too long, your claim may be denied altogether. In Pennsylvania, you have 120 days from the date of the injury to report it to your employer. It's important to note that the 120-day deadline may be extended if the injury was not immediately apparent. However, it's best to report your injury as soon as possible to avoid any complications. If you have any questions about reporting a work-related injury in Pennsylvania, it's best to consult with an experienced workers' compensation attorney who can guide you through the process and ensure that you receive the benefits you deserve.




2. Not Seeking Medical Treatment Right Away

   If you're injured on the job, seeking medical treatment should be your top priority. Seeking treatment right away is important not only for your health and well-being but it also allows you to document what happened in a timely manner. Waiting to seek medical attention can worsen your condition and potentially make it difficult to file a claim.

   You should also document the extent of your injury to support your claim for workers' compensation benefits. Providing this provides a basis for the extent of the damage that is considered in workers’ compensation cases.

   One common mistake when filing a workers' compensation claim is delaying medical attention. Waiting too long can give your employer or their insurance company a reason to deny or reduce your benefits. Remember that seeking medical attention is your legal right if you're injured on the job. Don't hesitate to seek medical attention immediately after an accident. Remember that your health and safety are top priorities, and seeking medical attention is the best course of action. If you’ve recently been injured but haven’t seeked medical attention or documented the situation, do as soon as you can or contact us at O’Connor Law and we can help.




3. Failing To Document The Incident and Injuries

   To have a successful workers’ compensation claim, it's essential to document the incident Take photos of the accident scene, equipment, and injuries sustained, and get witness statements if possible. Keep a detailed record of all medical treatments, including copies of medical reports, test results, diagnoses, and treatment plans. Track any lost wages or income and complete any forms accurately. Consult with an experienced workers' compensation attorney to guide you through the process and ensure a successful claim. With the right documentation and support, you can get the compensation you deserve and focus on your recovery.




4. Not Following The Doctor's Orders

   A crucial aspect of your recovery process is to follow your doctor's orders precisely, without any deviation or shortcuts. Not only does this help ensure that you're on track to a full and speedy recovery, but it also protects your legal rights and safeguards your chances of receiving workers’ compensation benefits. This shows that you're committed to your recovery and can help strengthen your case for workers’ compensation benefits. By taking this approach, you can be confident that you're doing everything in your power to protect your health and strengthen your claim. Don’t disregard your physician's advice and give your employer or the insurance company the opportunity to argue that your injury isn't as severe as you claim.




5. Failing To Report a Change in Condition

   If your condition worsens or changes after filing your workers’ compensation claim, it's important to report the change to your employer and the insurance company. Failing to report a change in condition may result in your benefits being delayed or denied.

   By promptly reporting any changes to your condition, you are ensuring that your employer and the insurance company have the most up-to-date information about your situation. This enables them to take

   appropriate action and adjust your benefits as necessary, which can help you receive the care and support you need to recover fully.



6. Missing The Deadline to File a Claim

   As mentioned above, each state has a different deadline for filing a workers’ compensation claim. Failing to file a claim within the deadline can result in your claim being denied. Make sure you know your state's deadline for filing a claim and file as soon as possible after your injury.




7. Trying to Handle the Claim Without a Lawyer

   Filing a workers’ compensation claim can be a complex process, and attempting to handle the claim without the help of an experienced lawyer can be a big mistake. A lawyer can help you navigate the complex workers’ compensation system, file all necessary paperwork, and represent you if your claim is denied. It's crucial to seek the guidance of experienced attorneys who possess the knowledge and skills needed to help you pursue the compensation you deserve. Attorneys like ours at O’Connor Law are not only well-versed in the intricacies of the workers’ compensation system, but they also have a proven track record of success in handling such cases. From filing the necessary paperwork to representing you in court, you’ll have someone on your side to ensure your rights are protected and your interests are served.

Avoiding common mistakes will relieve you of unneeded stress and can increase your chances of receiving the benefits you deserve. If you've been injured on the job, it's important to take the necessary steps to protect your rights and ensure that you receive the workers' compensation benefits you deserve. However, navigating the legal process on your own can be overwhelming and intimidating. That's why it's essential to seek the guidance of an experienced workers' compensation lawyer like the team at O'Connor Law. Contact us today to schedule a free consultation and learn how we can help you with your case. Don't wait - take the first step towards securing your future today.