The US Bureau of Labor Statistics reports that there were almost three million nonfatal workplace illnesses and injuries reported in the US. This rate means that there are around three injured worker’s for every 100 full-time employees.
Are you one of these three injured workers? Read further on how to protect yourself throughout the worker’s compensation claim process. Recognize these common mistakes so that you can concentrate on getting back your good health.
What is Worker’s Compensation?
Worker’s' compensation refers to state statutes that ensure that worker’s injured on the job receive reimbursement for their medical costs. This system allows employees to avoid having to sue their employers for reimbursement.
Worker’s compensation specifically applies to worker’s injured on the company premises. Under current worker’s compensation laws, most companies can’t do business until they secure this insurance.
Worker’s Comp Claim Process Overview
Since each state has its own worker’s compensation laws, it’s easy to get confused when filing a worker’s compensation claim. Each statute, however contains basic versions of these important procedural steps:
Notify Your Employer
Be sure to inform your employer in writing, that your injury took place. State worker’s compensation laws include statutory deadlines after your accident for you to tell your company that you were hurt.
Worker’s Comp Claim Review
Submit your worker’s comp claim to your employer’s insurance company and the appropriate state-level worker’s compensation office. Once your claim is reviewed by your employer’s insurance company they’ll let you know if your claim is approved.
Employers usually file claims with its insurer and the state worker’s' comp board office for you. After your claim is evaluated, an administrator tells you whether your claim is accepted and the amount of benefits to which you are entitled.
Top 8 Mistakes Made During the Worker’s Compensation Claim Process
Filing a workman’s comp claim can be a lengthy and nerve-racking experience. This is especially true if you’re trying to recover from injuries. It’s not hard to see where mistakes can appear that could result in your claim being rejected.
Here are some examples of eight costly mistakes that could jeopardize your claim:
1. Failure to Gather Evidence
Evidence plays a vital role in your workman’s compensation claim. If you don’t take photos of the accident scene, you won’t be able to prove that dangerous conditions did exist.
Don’t forget to collect names, phone numbers or addresses of any witnesses who saw the accident. You’ll need their testimony to support your claim.
2. Not filing a Worker’s Comp Claim Correctly
Some states require injured employees to file their own worker’s comp claim. Other states believe it’s your employer’s responsibility to file on your behalf. Notifying your employer about the accident isn’t the same as filing a claim.
Some worker’s compensation forms allow the option to request a hearing for mediation. Most patients don’t know that they can choose not to request mediation. Avoiding mediation means you’ll begin to receive benefits sooner.
3. Missing the Statute of Limitations to File a Claim
Each state has its own statute of limitations that outlines the deadlines after your injury to file a claim. The Missouri Statute of Limitations states that injured parties have five years after their injury to file a worker’s compensation claim.
The statute of limitations also applies if you want to reopen your closed worker’s compensation claim after it has been settled. Claims are usually reopened if any delayed onset injuries reappear that are attributed to the original injury.
4. Not Seeing Your Employer’s Appointed Physician
Worker’s compensation laws state that your employer can appoint which doctor gives you an assessment for treatment. If you fail to be examined by this physician, your claim may be dismissed.
You can still visit your own physician, but they can’t be a substitute for the employer’s appointed physician. If you’re dissatisfied with the appointed physician’s treatment plan, you can seek permission to visit another doctor.
5. Exaggerating Your Pain or Symptoms
Worker’s Compensation payments are based on the appointed doctor’s assessment. They’ll recognize right away if you’re lying about your pain or symptoms.
There’s another reason why lying about your injuries or progress during the worker’s comp claim process is a bad idea. If they know you’re lying, they can deny your claim.
6. Ignoring the Doctor’s Orders
The appointed doctor files updates with the Worker’s Compensation Commission on overall progress. If the Commission thinks that you aren’t following the doctor’s instructions, your claim can be discontinued or denied.
Following doctor’s instructions include attending checkups and physical therapy visits. If you disagree with the prescribed treatment plan, you can request a meeting with the Worker’s Compensation Commission.
7. Forgetting to Get a Second Professional Opinion
Even though you must follow the appointed doctor’s medical advice, you can still secure a second professional opinion. You can use your own doctor’s advice as another voice of wisdom to provide input on your case.
The appointed doctor’s orders might contradict your own physician’s advice, If this happens, you can ask the Worker’s Compensation Commission to review this difference to see if it affects your benefits.
8. Refusing Alternative Assignments While You Heal
Don’t be surprised if your employer offers you light duty or limited tasks to ease you back into the work routine. If the appointed doctor decides you can handle this reduced workload, you’re obligated to take it.
Refusing alternative assignments while you heal could have other consequences as well. Failing to cooperate might mean that your benefits stop.
Next Steps
If you're injured in a workplace accident, advise your supervisor in writing. Take pictures of the accident site for your own records. Keep detailed notes on past events in case you start to suffer from delayed onset injury symptoms.
Schedule time with your own doctor to keep them updated on the progress of your case. Invite them to review and comment on the treatment plan that your employer’s physician prepares for you.
Still confused about the worker’s compensation claim process? You can request a free consultation with us from our website. We offer sound legal advice and compassion to help those who have been injured on the job.
