Work-related injuries are a common occurrence across the country. According to data published by the U.S. Bureau of Labor Statistics (BLS), private-sector employers reported over 2.8 million non-fatal workplace injuries and illnesses in 2022. This represents an increase of 0.2 million from the previous year.
The most common causes of work-related injuries are overexertion and bodily reaction and contact with objects and equipment. For many employees, the workers’ compensation scheme offers a safety net in the event of an injury or illness arising from their work. This insurance scheme provides financial benefits and medical coverage to eligible workers, and in return shields employers from potential litigious claims.
In this article, we will explore some common errors workers should avoid when filing a workers’ compensation claim to ensure they receive the financial assistance and support they deserve.
No Documentation
Workers should always record the facts surrounding an accident or injury at work. This is especially relevant in situations where an injury or illness can arise some time after a workplace accident occurs, enabling workers to retrieve the facts and support their claim.
In the event of a workplace accident, workers should document exactly what happened, noting the date, time, and place of the incident. To further strengthen their claim they should note the names and statements of any witnesses to the incident and if possible, request any video footage of the event as it took place. Finally, workers should take photographic evidence of their injuries and note the progression of any illness to support their claim.
Failure to Report Injuries
The workers’ compensation process is dependent on specific deadlines for notification and filing. Meeting these deadlines is crucial for workers to receive the benefits they may be entitled to.
Workers often fail to notify their employer of their injuries as they assume their employer is already aware and will take the appropriate action on their behalf. This assumption can be costly and jeopardize the chances of a successful claim.
Workers should ensure they notify their employer of their injuries as soon as possible, following the correct procedure. For more information on the workers’ compensation claim process, it is advisable to seek the advice of an experienced Workers compensation lawyer who can guide you through your claim.
Not Receiving Medical Care
Failure to seek prompt medical care following a workplace injury could endanger a worker’s health as well as their ability to access the benefits they need. Many workers’ compensation claims center around proving that the injuries sustained by a worker were directly attributable to an incident in the workplace.
A medical assessment can provide a record of the nature and extent of the injuries sustained as well as the likely cause. This can rule out potential defenses by insurance companies that assert that no injuries arose or that the worker’s injuries pre-dated the accident and should, therefore, not be permissible.
By receiving timely medical attention a worker can also rebut any suggestions that they made their injuries worse and failed to mitigate their losses. This could result in a denial of their claim or a substantial reduction in the benefits they are entitled to.
By avoiding these errors, workers can increase their chances of receiving the financial support and benefits they need.
