Law

5 Mistakes That Can Derail Your Workers’ Compensation Case

Written by Jimmy Rustling

Work injuries in 2022 added up to $167 billion worth of wages, medical expenditures, productivity hits, administrative costs, and more, says the National Safety Council.

Meanwhile, the Bureau of Labor Statistics reports there were 2.8 million non-fatal work injuries and sicknesses in 2022 reported by private industry employers, while there were 5,486 fatal workplace injuries. 

If you get injured at work, you’ll want a workers’ compensation lawyer to advise, represent, and help you get what you’re entitled to. A workers’ compensation law practice like Younce, Vtipil, Baznik & Banks, P.A. will assess your case and determine if you have grounds for a claim.

Pursuing such a claim isn’t for the faint of heart since it can be a long, grueling process. But the right lawyer in your corner can make things less stressful.

While you’ll be in good hands if you hire the right lawyer, there are mistakes you must avoid if you want the best outcome. Here are five things to steer clear of if you want to win your workers’ compensation case.

  1. Exaggerating Your Injuries

One of the worst things you can do is lie about your injuries or exaggerate the extent of your pain. That’s one reason it’s essential to get checked out by a doctor and any healthcare specialists your primary healthcare provider recommends. You’ll undergo a battery of tests and examinations to verify your injuries and the extent of the injuries. 

If you’re found to be dishonest, you could thwart your workers’ compensation claim beyond repair. Even the best workers’ compensation lawyer will have trouble defending you if you’re flexible with the truth. You might not only lose your workers’ comp case but also face fraud charges.

  1. Failing to Disclose the Injury Right Away to Your Boss

Another mistake you must avoid if pursuing a workers’ compensation case is waiting too long to tell your boss about a workplace injury. If you continue working without disclosing the injury, you’ll be doing yourself a disservice. 

On the one hand, you won’t get the help you need, which can worsen your condition. On the other hand, your employer or the insurer could dispute where you were injured if you fail to disclose it immediately. Cover your bases by reporting the injury in writing and keeping track of communication between you and your employer about your condition. 

  1. Ignoring Your Doctor’s Recommendations

You’re asking for trouble if you don’t heed your doctor’s recommendations. If you don’t go to doctor’s appointments or fail to follow through with physiotherapy or other treatment strategies, that could work against you. Your employer or the insurer might question the extent of your injuries — arguing you would not miss medical appointments if you were as injured as you claim. 

  1. Failing to Retain the Services of a Workers’ Comp Lawyer

A workers’ compensation case is a type of personal injury case. But that doesn’t mean any personal injury lawyer will do. Find someone specializing in workers’ comp cases. Only a legal professional who understands workers’ compensation law and has hands-on experience helping clients get the compensation they deserve can adequately help you.

  1. Returning to Work Immediately After the Injury

Yet another mistake you must steer clear of is returning to work shortly after a workplace injury. Sometimes employers pressure workers to return to the job before they’re ready to resume their duties. Doing so can compromise your progress and worsen your injuries. And an employer could, if you return too quickly and overexert yourself, blame you for your worsened state. So, it’s not in your best interests to return to the job before you can reasonably do so.

These are some things to avoid if you file a workers’ compensation claim. A good lawyer will help you get the compensation you need and deserve, but you have a part to play, too. You must avoid making any of the five mistakes mentioned above so you don’t jeopardize your claim.

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About the author

Jimmy Rustling

Born at an early age, Jimmy Rustling has found solace and comfort knowing that his humble actions have made this multiverse a better place for every man, woman and child ever known to exist. Dr. Jimmy Rustling has won many awards for excellence in writing including fourteen Peabody awards and a handful of Pulitzer Prizes. When Jimmies are not being Rustled the kind Dr. enjoys being an amazing husband to his beautiful, soulmate; Anastasia, a Russian mail order bride of almost 2 months. Dr. Rustling also spends 12-15 hours each day teaching their adopted 8-year-old Syrian refugee daughter how to read and write.