5 Common Mistakes That Hurt Your Workers’ Compensation Claim
For injured workers in California, navigating the workers’ compensation system can feel overwhelming. It is hard enough to deal with day-to-day life when you are suffering from a workplace injury or disability – having to fight for the benefits you have earned can be complicated and exhausting.
Our workers compensation attorneys have helped thousands of injured workers in Long Beach and throughout Southern California secure the benefits they deserve. Unfortunately, we often see workers make critical mistakes early in their claims that can significantly impact their ability to receive full compensation. That’s why is it always advisable to consult with an experienced workers compensation attorney before you embark on your claim.
Understanding the common pitfalls workers compensation claimants commit can help protect your rights and ensure you receive proper medical treatment and fair compensation for your workplace injury. In this article the top Long Beach workers compensation attorneys at Cantrell Green share 5 things you should never do when filing a workers comp claim.
Workers’ Compensation Mistakes #1: Delayed Reporting
Perhaps the most damaging mistake injured workers make is waiting too long to report their injury to their employer. California law requires that workplace injuries be reported within 30 days, but waiting even a few days can harm your claim.
When you delay reporting, your employer’s insurance company may question whether your injury actually occurred at work. Even if you think your injury is minor, report it immediately. Many serious conditions, like back injuries or repetitive stress injuries, may seem minor at first but worsen over time. Additionally, prompt reporting creates an official record of your injury and helps ensure you receive immediate medical attention, which is crucial for both your recovery and your claim.
Workers’ Compensation Mistakes #2: Not Understanding Your Medical Rights
The second major mistake we see is failing to understand and properly use medical rights under workers’ compensation. Many workers don’t realize they have the right to predesignate their personal physician before an injury occurs. Without predesignation, you may be required to see a doctor in your employer’s Medical Provider Network (MPN) for the first 30 days after injury. However, even within an MPN, you have the right to change doctors if you’re unsatisfied with your care.
Additionally, some workers fail to attend all medical appointments or follow their doctor’s recommendations. This not only hinders recovery but can be used by insurance companies to deny or reduce benefits. Always attend your medical appointments, follow prescribed treatment plans, and keep detailed records of your symptoms and how your injury affects your daily activities. This information will be crucial to getting your workers compensation claim approved as quickly as possible for the maximum amount of benefits.
Workers’ Compensation Mistakes #3: Poor Documentation
Poor documentation represents another common mistake that can weaken a workers’ compensation claim. Many injured workers fail to keep copies of their medical records, work restrictions, correspondence with their employer, and other important documents related to their claim. Every piece of paperwork matters, from the initial injury report to doctors’ notes and communication with the claims adjuster.
Keep a detailed diary of your symptoms, medical treatments, and how your injury affects your ability to work and perform daily activities. Take photographs of visible injuries and maintain records of any witnesses to your accident. This documentation can prove invaluable if your claim is disputed or if you need to appeal a denial of benefits.
Workers’ Compensation Mistake #4: Accepting a Settlement Too Quickly
Accepting a settlement too quickly is another serious mistake we frequently encounter. Insurance companies often make early settlement offers that may seem attractive. but fail to account for the full extent of your injury and its long-term impact on your earning capacity. Some workers accept these offers without understanding that settlements are final and cannot be modified later, even if their condition worsens.
Never accept a settlement without having it reviewed by an experienced workers’ compensation attorney who can evaluate whether it fairly compensates you for your medical expenses, lost wages, and permanent disability. Remember that insurance companies are primarily interested in minimizing their costs, not ensuring you receive full compensation for your injury.
Workers’ Compensation Mistake #5: The Social Media Trap
In today’s digital age, a growing mistake we see is inappropriate social media use during a workers’ compensation claim. Insurance companies regularly monitor claimants’ social media accounts for evidence that might contradict their injury claims. Posting pictures of physical activities, discussing your injury online, or even checking in at locations can be used to challenge your claim.
For example, a photo of you gardening or playing with your children might be used to dispute your reported physical limitations, even if these activities were specifically approved by your doctor or represented a rare good day in your recovery.
The best practice is to avoid posting yourself engaging in any activities on social media while your claim is pending. Additionally, do not discuss your illness, injuries, symptoms, or medical condition online. And, at minimum, be sure to set all accounts to private and be careful to decline any new friend requests from unknown persons until your case is resolved.
Top Long Beach Workers Compensation Attorneys
At Cantrell Green, we understand that making these mistakes doesn’t mean you don’t deserve compensation for your workplace injury. However, avoiding these pitfalls can significantly strengthen your claim and help ensure you receive the full benefits you’re entitled to under California law.
If you’ve been injured at work, don’t try to navigate the complex workers’ compensation system alone. Our experienced workers compensation attorneys can guide you through the process, protect your rights, and help you avoid these and other common mistakes that could harm your claim.
Contact the top Long Beach workers’ compensation attorneys at Cantrell Green today for a free consultation. With decades of experience representing injured workers in Long Beach and throughout Southern California, we have the knowledge and dedication to help you secure the benefits you deserve. Don’t let early mistakes in your claim prevent you from receiving full compensation for your workplace injury. Let our experienced legal team help you navigate the workers’ compensation system and fight for your rights.
Top Long Beach Workers Compensation Attorneys: 800-964-8047
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