Workers’ compensation provides benefits to you if you are injured in the course of your work duties. These benefits provide medical care coverage, partial wage replacement, and rehabilitation to help support you in your recovery. Unfortunately, not all workers’ comp claims are approved. Your workers’ comp claim can be denied for a multitude of reasons. Many times, a claim is denied due to a mistake on the part of the injured party. Being aware of what these mistakes are can help you to avoid making them yourself.
Failing to Report the Injury Promptly
The earliest mistake people make is not reporting the injury as soon as it happens. When you fail to promptly report, the timeline becomes murky and it makes evidence more difficult to collect. The insurance company can use this to argue that the injury was not work related. They will say that the injury happened outside of work and that you are trying to claim benefits that you are not entitled to. For this reason, it is paramount that you report any injury as soon as it happens. Even if you don’t think it is serious, report it. You can never tell if an injury will get worse as time passes.
Not Seeking Immediate Medical Treatment
Just as important as reporting an injury immediately, is seeking medical treatment. Prompt medical treatment not only protects your health, it creates valuable evidence documenting the cause and severity of your injury. This will be crucial in getting your claim approved. Additionally, if you wait to seek medical treatment, the insurance company may claim the injury was not serious. They will say that if it was, you would have sought medical attention much sooner.
Missing Medical Appointments or Ignoring Treatment Plans
It is also vital that you continue your medical care after your initial treatment. Follow any and all instructions from your doctor, as well as attend all medical appointments. Once again, this will create the evidence needed to have your claim approved. Failure to follow your treatment plan or to attend medical appointments can be used to claim that you have recovered or that your failure to follow medical advice aggravated the injury. Either of these assumptions can be used to deny your claim.
Posting on Social Media
Social media has become one of the most common reasons that people have their workers’ comp claims denied. People have become so used to posting every part of their life on social media, that they post without thinking. Insurers almost always monitor claimants’ social media profiles. They will look for any photos or videos that contradict your injury claim. They will then use this as evidence to deny your claim. The wisest course of action is to avoid social media entirely, at least until your claim is settled.
Exaggerating or Minimizing Symptoms
Many people feel tempted to exaggerate the symptoms of their injury. This is usually done in an attempt to make sure their claim is approved or to increase the amount of benefits they will receive. This often has the opposite effect. If you are found to be exaggerating your symptoms, it is likely that your claim will be denied entirely.
Just as bad as exaggerating your symptoms, is minimizing them. This is often done out of embarrassment or to seem tough. However, doing so will only serve to lessen the benefits you receive. If you minimize enough, it may even seem like you’re not seriously injured at all, resulting in your claim being denied. When describing your symptoms and injury, just be completely honest. It is the safest route.
Can an Attorney Help You Avoid or Appeal Denial?
It is always wise to engage the services of an attorney from a workers’ comp law practice. They will guide you through the entire process, giving you advice along the way that will help you avoid having your claim denied. Additionally, if your claim is denied, they can help you through the appeal process. In general, having an attorney will almost always give you a better chance of having your claim approved.
