A good majority of us work in environments where anything could go seriously wrong in a moment’s notice. So it goes without saying that there is a high chance that you might be looking at filing a worker’s compensation claim at some point in the future. When that happens, here is a quick primer of some of the pitfalls that you should avoid.
1. Failure to Report the Incident/Accident to Your Direct Supervisor or Employer
The industrial law in almost all States stipulates that for a claim to be considered official, the accident has to be reported ( in writing ) to your employer or supervisor within no less than 30 days from the date of the alleged injury. Most people will tend to overlook this point and proceed to file the claim without first logging in the accident, and that’s one of the loopholes that your insurance’s defense attorneys could exploit. Avoid taking chances with your compensation claim by filing a report immediately you are involved in an accident or incident that you feel could have been avoided if someone did not neglect their job.
2. Not Filing an Official Claim With the Relevant Industrial Commission or Board
The law requires that a compensation claim should be filed the relevant industrial commission or worker’s welfare body within at least 2 years from the date of the incident/accident. And in the case of contracting occupational diseases, the compensation claim has to be filed within less than a year from the date the worker fell ill. So not unless your employer has agreed ( again in writing ) to take full responsibility for your worker’s compensation claim, you are risking losing the claim if you don’t file it with your industrial commission.
3. Failure/Forgetting to Have a Job Search Log
As the injured party, it is your responsibility to prove that you were unable to work in the aftermath of the said compensation accident or occupational illness. And of the best ways of doing this is by proving that you sincerely tried to look for another job but were unable to secure or maintain one as a direct consequence of the injury sustained.
4. Failure to Inform Your Doctor of the Specific Details of the Accident
This is a mistake that most industrial workers will tend to make while pursuing rightful compensation after an injury. Remember that if your medical records do not reflect (without any doubt) that you were involved in an accident, then your claim could be as good as null and void. Insurance companies and unjust employers will often resort to any excuse they can find to cut down your compensation or even deny it completely. The absence of a collaborating information in your medical records could as well give them the magic bullet that they are looking for.
5. Leaving out Certain Sensitive Facts While Filing the Accident with Your Lawyer
Truth be told, worker’s compensation cases are some of the most difficult to crack even for an experienced attorney. So to make your lawyer’s work easier, it is in your best interests to furnish them with all the facts that they need to win the case for you. SO that implies that you shouldn’t leave out anything – whether good, bad or ugly when informing them of the details surrounding the accident that led you to file the accident compensation claim.
The Bottom Line
There is no refuting that worker’s compensation claims are quite a handful. And if you are looking for information, assistance or clarification, feel free to use resources such as these ( http://www.hasnerlaw.com/ ) to build your case.