Workers' Compensation Claim: 4 Mistakes That Could Complicate Your Case
It is not uncommon for employees to get injured in their places of work. In that regard, employers offer a workers' compensation plan that settles employees' injury claims without going through the court process. But as an employee, you should diligently follow the required legal procedures to get the compensation you truly deserve. To achieve this, learn from these mistakes:
Failure to Report Immediately
The process of reporting a workplace injury is usually time-sensitive. If you do not report on time, the insurer will assume that the damage is not as severe as you claim. Additionally, timely reporting enables you, your employer, and your insurance company time to investigate what caused the accident so as to prove your claim.
Generally, it is simpler to gather and record evidence when the details of the event are still fresh in your memory. In addition, your witnesses will have a clearer recollection of what transpired when you interview them soon after the accident.
Lack of Documentation about the Accident
When filing a claim, it is fundamental to have supporting evidence. First, you should keep the investigation records at every step of the internal investigation. For example, start by taking photos and short videos of the accident scene. Additionally, preserve all medical records and ensure you present them when filing the claim. It is also important to get the people who saw the accident happen to give an account of how you sustained the injury. Most importantly, speak to a lawyer about the accident to seek their guidance on evidence collection and preservation.
Failure to Authorize a Medical Release
The insurance company will need to access the detailed medical records of an injured employee to make a payout for the claim. However, you need to sign a medical release to give the insurer access to your medical records. Failure to sign these documents on time means that the entire compensation process will take longer than it should. As such, it's paramount to comply with the insurance company when undertaking procedural matters.
Poor Investigation at the Time of the Injury
Essentially, you should engage a lawyer immediately after the accident. Doing this allows the legal practitioner to start the investigation process right away. That way, they will speak to your employer and secure a settlement as early as possible.
The process of filing and pursuing a workers' compensation claim can be less stressful when you bring an attorney on board.
Contact a workers' compensation lawyer to learn more.