The following is a list of some of the many mistakes employees make when they have a work-related injury or illness.
Failure to report an injury immediately
Often an employee fails to report their injury to their employer because they think it will heal or that it will get better. The motivating factor is typically that the employee is worried about negative repercussions from the employer. However, if the employee fails to report the injury until many days after the injury, the employer may deny the claim. And if an employee waits too long, the claim may be barred entirely.
Waiting to get treatment
Giving a recorded statement without legal advice
Switching doctors
Settling a case without representation
Going to a hearing without a lawyer
A hearing has drastic consequences for an employee’s workers’ compensation benefits. A hearing involves many different legal technicalities that could cause you to lose your claim. Many think if they lose they can always appeal and then get an attorney.
But he who represents himself has a fool for an attorney, as the old saying goes. Mistakes at the hearing can rarely be corrected on appeal because no new evidence is allowed on appeal.
Know who is looking out for your best interests
Many claimants think the claims adjusters, the insurance company nurse, or the insurance company rehabilitation worker is working for them. They do not realize they are in an adversarial relationship and that anything they say can be used against them.
Many of these mistakes can be avoided if you consult with an attorney. An attorney trained in workers’ compensation law can provide sound legal advice so you will not lose out on benefits. Contact the Law Office of Thomas Mottaz for experienced workers’ compensation attorneys who can assist you with your workers’ compensation case.