If you have been hurt at work, your next steps are pivotal. Even a minor mistake could jeopardize your claim and put your compensation at risk. Here at Hoffman Law Firm, our Workers’ Compensation attorneys can help ensure your road to recovery is a smooth one, offering trusted legal guidance along the way. We can protect you from mistakes in a workers’ compensation claim, mistakes you innocently make that can come back to haunt you.
To ensure you receive the benefits you deserve, our team has provided a list of common mistakes to avoid – along with some helpful hints to keep in mind. Our experienced Workers’ Comp lawyers are here to help, so if you have a question not answered below, do not hesitate to get in touch!
What is Workers’ Compensation?
Workers’ Compensation is a type of insurance coverage regulated by each state’s government. The system provides partial payment for medical care and lost wages in the event of a workplace accident, ensuring workers suffering from job-related illness or injury are provided for.
Who Pays The Medical Bill After A Workplace Accident?
As long as you receive medical treatment from a doctor approved by your employer, their insurance company will cover your medical expenses. If your employer denies your Workers’ Compensation claim or you feel that the company doctor did not provide adequate care, contact Hoffman Law Firm today. Our Workers’ Comp lawyers have extensive experience handling cases like yours and we will fight for the compensation you are entitled to.
Common Employee Mistakes During A Workers’ Compensation Claim
These common mistakes could negatively impact your claim, so be sure to avoid them.
Mistake #1: Failing to report your workplace accident or on-the-job injury.
While you technically have 90 days to file a Workers’ Compensation claim, it is best to notify your employer about your on-the-job injury as soon as possible. This not only strengthens your claim but could prevent another employee from suffering a similar fate. Be sure to notify your employer in writing – and in addition to stating the details of your workplace accident, inform them of your intention to seek Workers’ Comp benefits.
Mistake #2: Returning to work too soon.
If you do not believe that you are ready to safely return to work, you have the right to appeal the request. Ask your employer for a written list of job duties, then review it with your doctor. If a medical professional agrees that you are not up to the tasks at hand, make an appeal to the Workers’ Compensation Commission. A qualified accident lawyer can help you navigate this process.
Mistake #3: Not following the doctor’s orders.
Ignoring your doctor’s instructions could result in your claim’s denial. To ensure you get the compensation you deserve, follow the doctor’s orders carefully. Even simply skipping a physical therapy appointment could have a major impact on your claim.
Mistake #4: Overexaggerating the extent of your injuries.
Attempting to mislead your employer is not only dishonest but could result in your Workers’ Compensation claim being denied. Plus, your doctor will likely know that you are making your injuries seem more severe than they are.
Mistake #5: Not seeing the doctor your employer recommends.
Your employer’s insurance company will only cover medical care from designated doctors. This means that, while you are free to see the doctor of your choosing, Workers’ Comp is not responsible for the bill.
Mistake #6: Not hiring a Workers’ Comp lawyer to handle your claim.
Without a thorough understanding of the law, attempting to handle your own claim is not recommended. Keep in mind that the stress and hassle can be particularly overwhelming as you recover from your on-the-job injury. Instead, trust our experienced Workers’ Compensation attorneys to handle everything from start to finish, so you can focus on feeling better.
Things Employees Need To Do After A Workplace Accident
After your on-the-job injury, be sure to check the following boxes:
Tip #1: Report your workplace accident as soon as possible.
You must notify your employer of your on-the-job injury within 90 days of your workplace accident. Failure to do so could result in lost benefits.
Tip #2: Seek medical treatment ASAP.
In addition to promoting a speedier recovery, getting the care you need immediately will help your claim. Waiting to see the doctor gives the insurance company the opportunity to claim that you are not as injured as you claim – or that your injuries are not work-related.
Tip #3: Know your rights and the benefits you are entitled to.
The best way to protect your rights is to know them! It is important to know what benefits you are entitled to, including compensation for medical care, lost wages, vocational rehabilitation, mileage to and from doctor’s appointments, and disability benefits.
Tip #4: Keep all documentation, including medical and accident reports.
Be sure to retain all paperwork related to your Workers’ Compensation claim. These documents may be incredibly important later on, especially if the insurance company denies your claim.
Tip #5: Prepare to fight back if your claim is denied.
There is a chance that the insurance company will deny your claim, no matter how valid it is. You may need to file an official appeal with the SC Workers’ Compensation Commission, fighting to get the benefits you deserve.
Tip #6: Attend all of your appointments.
Keep in mind that if you appeal, you will have to attend all appointments and legal proceedings – unless you have legal representation. Doing this is crucial to your appeal’s success.
Tip #7: Hire a qualified Workers’ Compensation attorney.
After your workplace accident, consult a Workers’ Comp lawyer to ensure you get the benefits you deserve. Our team has handled countless cases like yours and we are ready to fight on your behalf.
Need More Workers’ Compensation Help? Discover A Trusted Workers’ Compensation Law Firm Near Me
Hoffman Law Firm is proud to advocate for injured workers throughout the Lowcountry. To avoid mistakes in a workers’ compensation claim, you can seek us. Attorney David Hoffman and his workers’ comp lawyers are here to help, so if you have been hurt at work, get in touch today.
Our experienced team is equipped to handle a wide variety of cases, including the following:
Longshoreman & Maritime
Spinal Cord Injury
Defective ProductNursing Home Abuse