Published On: Tue, Jul 23rd, 2019

Common Mistakes Which Ruins a Personal Injury Claim

Common Mistakes that Ruin Your Injury Claim. If you got injured at your workplace. Find these mistakes and assure you avoid them.

Compensation attorney immediately. The thing is, finding an attorney doesn’t do everything, you need to make sure you follow everything they say to stay out of trouble.

Saying this, we would like to inform you several mistakes can cost you your claim. It might ruin your case. So, you need to take precaution when filing for a claim and carrying it out; this will make sure you go through every aspect of the claim.

Failing to Report the Claim Right Away

It’s not uncommon for injured workers to delay reporting their injury or filing the L&I Claim right after an injury, especially if the injury isn’t severe. Most workers wait to see how bad they are hurt before their report the injury or file for the claim.

They are afraid what their supervisor and colleagues will think and how their actions will affect their job, raise, and promotions in the future.  Most workers take a day off instead of taking benefit if worker compensation benefits. In some cases, workers don’t report their injury to the supervisor at all. They might downplay the injury.

A claim manager is assigned to such cases to accept the claim in some cases, but you have to assure you claim the injury right away.  Long delay can be fatal to your claim and case. You have one year at best from the date of your injury to file the claim to receive your benefits. If the injury is an occupational disease, you get two years to claim for benefit. In case you miss these deadlines, statutes of limitations will bar your claim.

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Let Your Employer Choose the Doctor

Your employer will always recommend the doctor who has your company’s best interest at heart, not yours. Medical professional might give an adverse medical opinion which doesn’t define your injury properly. Once the medical opinion reports, it’s hard to overcome it to prevail the claim. So, please see a doctor of your own choice, despite what your employer has to say.

This holds even with independent medical examiners. IMES work for the employer and will hardly support your claim. Seeing one is the death knell for your injury claim.

Playing Tough

When you first see a health care provider after the injury, you better be honest about the nature and extent of your injury with the pain you are going through. Explain to the doctor how you got injured and how badly you are hurt.  Show them the injury and explain the level of pain you experience.

Don’t downplay it or try to be touch in front of the doctor. If you hide any important detail from the doctor, it won’t show in the records and can cost you dearly in the future. If you fail to report any detail, it will have severe consequences.

Everything You Say Will be Used Against You

Most workers forget that everything you say during this period can and will be used against you. You better expect to be monitored. Workers compensation attorney believe companies use surveillance to catch injured working doing physical stuff which contradicts their claim. The company’s doctor tries to look for signs to show the injured worker is overplaying their injury.

In some cases, the defense counsel hires investigators to research and record social media post and online activity. The employer is incentivized to use resources to fight the claim because these claims affect the amount a company has to pay for workers compensation insurance.

Refuse to Work

In such cases, your employer can offer you light duty work. This is a bit tricky situation if you are being offered such work you have to make a decision quick. The employer will offer you such work knowing your injury will keep you from working. Worse, the company will force you to respond in a short time window. If you don’t respond, your employer will use this to argue on your claims and even deny it. Your employer indeed needs approval from your doctor to make this offer, but the approval can be as simple as a verbal “ok.”

If you land in this situation, you should contact a worker’s compensation attorney immediately. Once done, contact the doctor. If the doctor disagreed with the work in writing, you would have a good argument; you will maintain the claim without having to work.

Just don’t outright refuse the work. Unless you can accept it without issue, you have to build your case and record why you can complete the lightwork task.

Waiting to Appeal an Order

You can process or appeal the Law and inquiry’s decision. You have 60 days to do it. If you miss it, then the decision will be finalized. If you miss the appeal, you have to make peace with the outcome. There are a lot of decisions which are based on important issues within L&I case.

Most cases are lost because the claimer forgets to appeal or protest the decision within the given period.

Returning to Work Soon

An ideal employ wants to return to work asap. They want to become a productive member of their company and move on with their career. But going back to work before you properly heal from the injury will have adverse effects on your L&I claim.

If your company wants to fight your claim, they can use your early return to work as evidence. So, please take your time to properly heal and fulfill your claim before you return to work. It will help you avoid a lot of other issues.

Accepting Wrong Disability Rating

Find out who issued the rating and whether your doctor support it or not? Did the IME provide with this rating and is your treatment complete or not? Have you reached your MMI and do you agree with the rating or not? Do you feel ready to work or are you afraid you will have to undergo another process?

Do you need more time to heal properly or not? These are some important questions that you have to answer before you accept a disability rating. You only have one chance to maximin the amount you will get for the workplace injury. So, it’s better if you have the right medical opinion and support to ensure you receive the highest available rating.  

Lack of Good Advice

You can ruin your claim without knowing it. A big percentage of these claims work without an issue; you visit the doctor and file the claim. This way, the doctor’s report is favorable to your claim, and it gets accepted. When you are done with it, you will see your doctor will support the highest rating possible. This way, you get back to work healed and the L&I gives you a sufficient amount.

This doesn’t happen very often, and if you are concerned that things will not go well, you should know some people wait a long them or until they have a string of adverse orders before they can call for an attorney.

You need to get help before the adverse claims appear.  An experienced attorney can fix these issues. They can get things on track if you mismanaged them, but they are unable to return all images to their ideal stage.

Most lawyers off won’t accept such case. This is because the adverse orders are not issued, and they were not protested in the given time. Sometimes the layer refuses to take your case before they can’t offer value beyond from what you can get for yourself.

Mental Issues Are Valid Claim

Most people don’t believe this, but mental issues do make valid L&I claim. If you are continuously working in a stressful environment, it will take a toll on you. Yes, you will start suffering from depression and other mental issues.

Mental issues are treated just like physical injuries if they happen at the workplace. But it can be hard to find a mental health professional who can support mental health claim. What makes matters worse is you will have a hard time fighting for a depression L&I claim.

If you are in such a situation, you should find a reliable workers compensation attorney and explain your condition to him.

End Word

In case you got injured at your workplace, and you filed for a complaint, don’t rush anything and give yourself some time. It’s important to assure your health properly before you return to work. Don’t hurry back to work or else you will ruin your claim, and your actions can be used against you.

So, stay in touch with your layer at every step of the way. This way, you will make sure you are making the process and return to work without any issue. Just mind the things we have said, and your claim will go smoothly, you won’t need to do anything else.

Author: Michael Wright

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