A workers’ compensation claim can provide an injured Wakefield worker with the benefits necessary to pay for their medical treatment and a percentage of the injured worker’s lost wages. Additionally, a successful claim could end with a lump sum settlement. However, not every compensation claim is successful. A mistake could result in the denial of a potentially viable claim.
With the guidance of a seasoned workers’ compensation attorney, you could put yourself in a position to succeed. A lawyer could help you avoid some of the mistakes to avoid when making a Wakefield workers’ compensation claim.
Failing to Report Your Injury
One of the first mistakes to avoid in a Wakefield workers’ compensation claim is failing to notify an employer of the injury. State law requires employees to notify an employer or supervisor in writing of the workplace injury as soon as possible. An employee needs to document the injury to protect their rights going forward. Failing to notify an employer of an injury could prove disastrous towards any attempt at recovering compensation for damages.
Rushing Back to Work
Some employers may push their workers to return to work as soon as possible. However, if a worker comes back before they are ready, their compensation claim may potentially be harmed.
When a worker comes back to the job, the insurer can stop paying weekly benefits, even if they only return in a limited capacity. It is possible to receive partial lost wage benefits if the injured worker is getting paid less from the employer due to the work injury. Coming back to work too soon could also result in extending the recovery time from the injury. The employer may look for a pretext to fire the worker, in which case the injured worker could be out of a job with no workers’ compensation benefits.
Failing to Receive Medical Treatment
For many workers, the thought of missing work to recover from an injury is terrifying. Medical treatments are often costly, and time away from work usually means time without a paycheck. Failing to receive necessary medical treatment can compound those problems. If an injury goes untreated, it can cause the condition to worsen.
The failure to seek medical treatment promptly could also affect a worker’s ability to pursue a workers’ compensation claim. Without documentation of any injury, it is impossible to proceed through the claims process.
Depending on Other Benefits
Some employers may pressure an employee to not file a workers’ compensation claim and rely on other benefits during their time away from work. These benefits could include private health or private short term or long term disability benefits. However, these benefits rarely provide the coverage that a workers’ compensation claim would provide. For example, health insurance may not cover transportation to the doctor and other services which may require co-pays. Plus, these benefits are very limited and do not provide the injured worker with the legal and financial security covered by workers’ comp.
Not Hiring an Attorney
One of the biggest mistakes injured workers often make is attempting to take on the workers’ compensation process without the help of an experienced Wakefield attorney. If an employee suffers an injury at work, they can count on their employer to enlist the help of a team of lawyers to handle a claim. An injured employee could even the playing field by hiring an accomplished lawyer.
Call a Wakefield Lawyer About the Mistakes to Avoid When Making a Workers’ Comp Claim
When you have the help of skilled legal counsel, you can leave the complex issues involved in a workers’ compensation claim to a professional. While you focus on recovering from your injuries, your legal counsel could focus on getting you the benefits you deserve.
Everyone makes mistakes. However, many avoidable mistakes could result in the denial of your workers’ compensation claim. To protect your rights, contact a lawyer who could inform you about the mistakes to avoid when making a Wakefield workers’ compensation claim.