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5 Mistakes to Avoid During a Workers’ Compensation Claim 

  • Published: July 20, 2021

If you sustained an injury or illness through your regular work requirements, filing a workers’ compensation claim may help offset the financial burden of an accident or sickness. However, accident victims must know that filing a workers’ compensation claim can be complex and confusing. Making these five mistakes may result in a business or insurance company denying your claim. 

Working with the workers’ compensation attorneys at the KCNS Law Group is the most straightforward way to avoid these mistakes. Our lawyers understand how crucial it is for you to receive compensation, and they will do everything in their power to obtain a fair settlement. 

Not Reporting the Injury or Illness 

One of the first things you should do after a work accident is to report it to your employer. You only have 30 days from the accident date or discovering the illness to inform the company. Additionally, you have one year to officially file a claim with the State Workers’ Compensation Board. 

However, we recommend that you report the injury or illness and file a claim as soon as possible. If you wait, you are more likely to have problems recovering benefits. Your employer, their insurance company, or the state board may doubt that your injury occurred or downplay its severity if you wait, causing you to receive less compensation than you need. 

Not Documenting the Accident Scene 

While you do not have to prove fault in a workers’ compensation case, you must still have evidence proving your case. Photos are an excellent way to prove your injuries and where they happened. Take as many photos as possible, including your injuries, accident location, and what caused the accident. Remember, other employees might clean up the scene, so take these photos immediately. 

Not Seeking Medical Care 

After an accident, you must seek medical attention. While you might feel fine, you may be suffering from internal injuries only a doctor can diagnose. Additionally, some injuries do not show symptoms right away, but a doctor may catch them early. Furthermore, seeing a doctor may aid your workers’ compensation claim. If you wait to see a physician until injuries appear, the other party might argue that your injuries resulted from an accident outside of work. They may also argue that your injuries are not as severe as you claim since you did not immediately seek medical care. 

Not Keeping Accurate Documentation 

After suffering a workplace injury or illness, you must keep accurate and detailed records. You should record the date the accident occurred or when you discovered your illness. Additionally, you must record how much work you miss and all expenses that resulted from your injury. Expenses may include medical bills, lost wages, property damage costs, or physical therapy sessions. 

Accepting a Quick Settlement 

You will likely have high costs after a work accident. Insurance companies know that you are stressed, and they may take advantage of you by quickly offering a low settlement. That way, your case closes before you even know the full extent of your injuries and damages. When you accept a settlement without considering future medical expenses and all the funds needed to cover your injury or illness, you risk paying out of pocket. Before you accept any offer, always consult with your attorney. 

Speak to an Experienced Workers’ Compensation Attorney Today 

You do not have to hire a workers’ compensation attorney to pursue a claim but having one on your side may be beneficial. At the KCNS Law Group, our attorneys can manage the process on your behalf, gather evidence, and protect your rights. We understand the complexities of this process and what makes a successful workers’ compensation claim. Our attorneys can also guide you through the appeals process if your employer or the insurance company denies your claim. To learn more about our services, schedule a free consultation by calling (818) 937-9255 or completing our online contact form

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