Filing For Workers’ Comp: Steer Clear Of These Costly Mistakes

Physical injury at work of construction worker

Filing a workers’ compensation claim can be a lifeline after a workplace injury. It helps cover your medical expenses, lost wages, and even rehabilitation if needed. But this process isn’t foolproof – many employees unknowingly sabotage their own claims by making avoidable errors. That’s why some injured workers choose to hire the top work comp law firm in Los Angeles to help them avoid costly missteps. Whether you’re handling the claim yourself or seeking legal guidance, knowing what not to do is just as important as knowing what to do.

Understanding the pitfalls ahead of time can help you protect your rights and receive the benefits you deserve without unnecessary delay.



Rushing or Delaying the Report of Your Injury

Timing is everything when it comes to workers’ compensation. You must act fast, but not carelessly.

Mistake #1: Failing to Report the Injury Immediately

Too many workers assume that a minor injury will heal on its own. Others are afraid of losing their job if they say anything. But waiting too long to report an injury can seriously hurt your claim. Most states have deadlines for notifying your employer, and if you miss that window, your benefits could be denied outright.

What to do instead: Report the incident as soon as possible, even if you’re unsure how serious the injury is. Make sure the report is in writing, not just verbal.

Not Seeking Prompt Medical Attention

After an injury, your health should come first. But it also plays a key role in validating your claim.

Mistake #2: Skipping or Delaying Medical Treatment

If you don’t see a doctor right away, the insurance company might argue that your injury wasn’t severe or wasn’t even work-related. Delays in treatment can create serious doubt about the legitimacy of your claim.

What to do instead: Get evaluated by a medical professional right away. Make sure to mention that the injury occurred at work so it’s clearly documented in your medical records.

Inconsistencies in Your Statements

The story you tell matters, and it needs to be consistent across the board.

Mistake #3: Giving Conflicting Accounts

When your report to your employer doesn’t match what you told the doctor or the insurance adjuster, it raises red flags. Inconsistencies – no matter how small – can be used to deny or minimize your claim.

What to do instead: Stick to the facts. Write down exactly what happened while it’s still fresh in your mind, and refer back to those notes if needed.

Posting on Social Media

Believe it or not, your Facebook or Instagram feed can be used against you.

Mistake #4: Sharing Too Much Online

If you post pictures of yourself at the beach or out with friends shortly after filing a claim, it can cast doubt on your injury. Insurance investigators often monitor claimants’ social media accounts for evidence that contradicts their claims.

What to do instead: Keep your social media activity private – or better yet, stay off it entirely until your case is resolved.

Ignoring the Doctor’s Orders

How you follow up after your initial visit is just as important as getting checked out in the first place.

Mistake #5: Not Following Through With Treatment

Skipping physical therapy sessions or failing to take prescribed medications can suggest that your injury isn’t as serious as you claimed. It can also make recovery take longer than necessary.

What to do instead: Follow your treatment plan to the letter. If you disagree with your doctor’s approach, speak up – but don’t simply stop showing up.

Not Understanding the Full Scope of Your Rights

Some workers assume that filing a claim is a one-and-done process. Unfortunately, it’s rarely that simple.

Mistake #6: Not Knowing What You’re Entitled To

Workers often leave benefits on the table simply because they didn’t know they were available. Beyond medical care and wage replacement, you might qualify for job retraining, permanent disability, or mileage reimbursement for doctor visits.

What to do instead: Take time to educate yourself on the full list of available benefits. Your state’s workers’ compensation board website is a great place to start.

Handling Complex Claims Alone

While many claims can be handled without legal help, others can quickly become complicated.

Mistake #7: Not Getting Legal Help When You Need It

If your claim is denied, your injury is severe, or your employer is uncooperative, trying to manage everything on your own can be overwhelming and risky. A legal misstep could cost you the support you need.

What to do instead: Don’t wait until things spiral. If anything feels off – delays, denial, retaliation – it’s time to speak with an attorney who specializes in workers’ compensation law.

Accepting a Settlement Too Soon

That initial settlement offer might look good, especially if you’re out of work. But rushing into it can leave you short in the long run.

Mistake #8: Settling Without Fully Understanding Your Injury

Some injuries worsen over time or don’t heal as expected. If you accept a settlement before knowing the full extent of your condition, you may lose your chance at future benefits.

What to do instead: Wait until you reach “maximum medical improvement” (MMI) before considering a settlement. This means your condition has stabilized and won’t significantly improve with further treatment.

Filing a workers’ compensation claim doesn’t have to be a battle, but it can become one if you make missteps along the way. Knowing what to avoid is half the fight. From the moment you’re injured to the final paperwork, staying consistent, transparent, and proactive is key.

You deserve the support you’re entitled to under the law. Avoid these common mistakes, and you’ll be on a much stronger path to healing, both physically and financially.

Source link

Receive the latest news

Ready to find your dream job?​

Receive personalized alerts to stay up to date with the latest opportunities. 

By signing up now, you agree to our privacy policy and terms of use and to receive emails from us.

GoJobZone popup
Receive the latest news

Ready to find your dream job?​

Receive personalized alerts to stay up to date with the latest opportunities. Don’t miss out – start your journey to success today!

By signing up now, you agree to our privacy policy and terms of use and to receive emails from us.

Skip to content