7 Common Mistakes Injured Employees Make During The Workers’ Compensation Claim Process

If you were recently injured in the workplace, there are certain actions you could take that might jeopardize your workers’ compensation claim. The following article will provide a list of 7 of the most common mistakes injured employees make after experiencing a workplace injury that can be detrimental to a workers’ compensation claim.

1. Failing to report your injury within a timely manner: This is important because you are required to notify your employer (either orally or in writing, though providing a written notification is recommended) within 45 days of a workplace accident in order to preserve your right to collect benefits; a delay of more than 45 days may result in the loss of all potential workers’ compensation benefits.
2. Failing to seek medical attention: After experiencing a work-related injury or illness, you should seek medical attention as soon as possible. The timing regarding when you choose to seek medical attention can have a significant impact on your claim. Additionally, if you take too long to seek medical attention, your employer may assume that your injuries are not as serious as you claim.
3. Failing to provide a proper history:  When you seek medical attention it is critical to provide the medical providers with an accurate description of how the accident happened and every single injured.  Having this proper documentation in the records will go a long way to in creating a clean and concise injury history.
4. Returning to work too soon: Returning to work too soon can be detrimental to both your health and your claim. You should only return to work after your physician has indicated that you have reached your “maximum medical improvement”.
5. Engaging in physical activity too soon: If your physician has indicated that you should rest, you should follow those orders. Don’t drive if you aren’t supposed to drive and don’t exercise if you aren’t supposed to exercise. Similar to the concept of returning to work too soon, engaging in physical activity too soon could be detrimental to both your health and your claim.
6. Posting about your work injury claim online: Posting certain pictures or information on social media could be problematic, as insurance companies will do their best to use your own photos and words against you. As such, you should resist the temptation to post about your injury or workers’ compensations claim on social media.
7. Assuming that you are only eligible for workers’ compensation benefits: Workers’ compensation benefits are typically not the only type of compensation available to injured employees. Filing a personal injury claim could allow you to receive additional compensation (such as damage awards for lost earning capacity, pain and suffering, and emotional trauma) that you would not be eligible to receive from filing a workers’ compensation claim. 

Do You Have Questions About The Workers’ Compensation Process? Speak To A Personal Injury Attorney Today

If you have additional questions regarding the workers’ compensation process, Connolly Injury Law can help. Our Chicago workers’ compensation attorneys are ready to assist you with any questions or concerns you may have about filing a personal injury lawsuit.