The Most Common Mistakes Workers Make When Filing for Workers’ Compensation
Being injured at work can be incredibly stressful, both physically and emotionally. Workers’ compensation benefits provide essential financial and medical support during this challenging time. However, navigating the workers’ compensation system can be complex, and even minor errors can lead to significant delays or denials in receiving the benefits you deserve. Consulting an Indianapolis workers’ compensation lawyer to understand the most common mistakes workers make when filing a claim—and how to avoid them—can help you achieve a smoother, faster resolution.
Mistake: Failing to Report the Injury Promptly
One of the most frequent and critical mistakes workers make is delaying reporting their injury. Indiana law requires injured employees to notify their employer as soon as possible after a workplace accident or after discovering an occupational illness. Delays can raise questions about the legitimacy or severity of your injury, leading to disputes or denials. Immediately informing your supervisor, preferably in writing, helps establish a clear record from the start, greatly improving your chances of a successful claim.
Mistake: Not Seeking Immediate Medical Attention
Some employees make the mistake of trying to “work through” their injuries, either due to fear of repercussions or underestimating the injury’s severity. However, delaying medical care can seriously undermine your workers’ compensation claim. Prompt medical attention not only ensures appropriate treatment but also provides crucial medical documentation that clearly links your injury to your workplace. Always seek immediate medical attention, clearly communicate the injury’s circumstances to your healthcare provider, and ensure your injury is accurately recorded in your medical records.
Mistake: Failing to Follow Medical Advice
Once you’ve received medical attention, it’s essential to adhere strictly to your healthcare provider’s instructions. Missing appointments, not following prescribed treatments, or ignoring activity restrictions can significantly damage your claim. Insurance companies frequently argue that workers who do not comply with medical advice are not genuinely injured or have recovered sufficiently to return to work. Consistently following your doctor’s recommendations and maintaining clear medical records protect the validity of your claim.
Mistake: Giving Inconsistent Statements
Inconsistencies between your accident reports, medical records, and statements to insurance adjusters can severely harm your workers’ compensation case. Insurance companies meticulously examine these documents for discrepancies, using even minor differences to dispute your claim. Always provide truthful, consistent, and thorough accounts of your injury, including how it occurred, the symptoms experienced, and your physical limitations. Consulting with an experienced attorney early in the process can help you prepare clear, consistent documentation and communication.
Mistake: Trusting Insurance Companies Without Representation
While insurance adjusters may seem friendly and supportive, their primary goal is to minimize claim payouts for their company. Unfortunately, injured workers often mistakenly trust these representatives without seeking independent legal advice. Without proper representation, you might unintentionally accept a low settlement offer or inadvertently provide information that weakens your claim. Hiring an experienced workers’ compensation attorney ensures you have someone solely dedicated to protecting your rights and securing fair compensation.
Mistake: Failing to File Your Claim on Time
Indiana has specific deadlines for filing workers’ compensation claims. Missing these deadlines is a common, costly error that can result in forfeiting your right to benefits entirely. Generally, employees must file a claim with the Indiana Workers’ Compensation Board within two years of the injury or from the date the injury was discovered. Being proactive, tracking deadlines meticulously, and seeking legal advice can help you stay ahead of these critical timelines.
Mistake: Not Understanding Available Benefits
Workers often fail to understand the full scope of benefits available through workers’ compensation, including medical expenses, lost wages, vocational rehabilitation, and compensation for permanent disability. Lack of awareness can cause injured workers to miss out on critical support. Working with a knowledgeable attorney ensures you fully understand and pursue all available benefits, maximizing your financial recovery and medical support during your recovery period.
Mistake: Returning to Work Too Early
Sometimes, employees return to work prematurely due to financial pressures or employer expectations. Returning too soon can aggravate your injury, complicate your recovery, and jeopardize your right to ongoing workers’ compensation benefits. Ensure your doctor explicitly clears you for work duties, preferably in writing, before returning to your job. Understanding your rights and obligations regarding returning to work can significantly affect the outcome of your claim.
Contact Lee Cossell & Feagley, LLP
Navigating the complexities of workers’ compensation claims can be daunting, especially when dealing with the physical and emotional impact of a workplace injury. At Lee Cossell & Feagley, LLP, our experienced attorneys understand the challenges you face and are dedicated to providing compassionate, comprehensive legal support. We help injured workers throughout Indianapolis and Indiana avoid common pitfalls and secure the benefits they deserve.
Don’t let simple mistakes compromise your right to workers’ compensation benefits. Contact Lee Cossell & Feagley today, and let our skilled legal team advocate for your recovery and financial stability.
