Work injuries are relatively common, but even so, they catch most people unprepared. When someone experiences an injury on the job, they should know what to do and what not to do. Mistakes that seem inconsequential at the time can result in less money or benefits when it comes time for settlement. Therefore, in this blog, we examine the top four mistakes employees make when they are injured and pursuing workers’ compensation.
- Waiting Too Long to Report the Work Injury : The most common error is failing to report the incident to the employer immediately. Florida’s worker’s compensation laws require that an injured employee report any accident involving injury to their employer or supervisor within 30 days. If the injury results from an occupational disease, the employee has 90 days from the initial sign of illness to report the situation. There are certain conditions under which these deadlines can be waived, but it isn’t worth the risk of losing compensation to delay your report. The longer an employee waits to report an injury, the higher the risk of having the integrity of your injury questioned. Keep in mind, injuries often worsen over time – it is important to report even a minor accident immediately.
- Failure to Disclose Previous Injuries: The second most common mistake is failing to report any previous work injuries. The previous accident may have been minor, but failing to report something in the past could result in charges of fraud and a loss of compensation. When completing medical history forms for a physician’s visit or consulting with an insurance adjuster, be clear about any past incidents of being injured on the job. Yes, the employer’s insurance company will likely try to use the information against you, claiming that your injury was pre-existing. This is referred to as a Major Contributing Cause (MCC), and it is common in these types of cases. However, debating about an MCC is much easier than battling a fraud case.
- Not Giving a Complete Report of Injuries: The third most common error is a failure to report the complete extent of injuries to the physician. If you primarily hurt your back in the work injury but are also experiencing pain in your leg or neck, be sure to disclose all of the pain. If you try to add these injuries to your claim later, it may look suspicious and like you are trying to pad your claim. In addition to pain, an employee should also report any additional symptoms that could be related to the work accident. These symptoms may include loss of motor function, blurry vision, stomach issues, or flu-like symptoms. Keep your doctor well apprised of any changes in your pain and discomfort level.
- Not Returning to Work: If you can’t return to work, you should not. However, the fourth biggest mistake after a work injury is refusing to return to work when you can. Sometimes you may have to accept a lower wage when you return, but refusing to return will appear that you are voluntarily giving up your income. If it is determined that you are staying home when you are capable of working, you could lose any further compensation and benefits, or you may even be terminated.
Perhaps the biggest mistake you can make after a workplace injury is trying to represent yourself. Legal representation is essential because your employer and the insurance companies have attorneys working for them. Despite how nicely you may be treated, insurance companies are not out for your best interest. They want to pay you as little as possible and will try to limit your compensation or deny your claim if they can get away with it.
Probinsky & Cole are personal injury attorneys who can professionally represent you in your workman’s compensation case. If you live in the Sarasota, Tampa or Orlando area and have been injured at work, don’t wait. Call today.
