If you are applying for workers’ compensation, there are some important things you should know. Because workers’ compensation is an insurance program, your employer will often try to pay as little as possible when you file a claim. But if you are careful about following the rules, you’ll be able to avoid the common pitfalls associated with workers’ compensation while receiving all the benefits you deserve.
Notify Your Employer Immediately
One of the most common mistakes employees make when filing a workers’ compensation claim is being denied your benefits because you didn’t make a claim in time. The typical filing period is 30 days from the date of your injury, but it’s better to notify your employer of your injury as soon as possible. If you inform them verbally, make sure to give them a written notice as well.
In most cases, you’ll be given a form and required to fill it out. If your employer doesn’t give you this form, take initiative by typing up the date, time, and details of your injury.
Visit an Approved Doctor
According to workers’ compensation law, your employer or their insurance provider is allowed to choose the doctor who treats your injury after you file a claim. In order for your claim to go through, you must visit this doctor for treatment. This doctor’s reports and assessments will be important information for your claim.
If you don’t visit this appointed doctor, your employer or their insurance provider may dismiss your claim. You can see your own doctor as well, but this must be in addition to visiting the doctor they choose. If for some reason you are uncomfortable visiting the assigned doctor, you are allowed to ask the workers’ comp. insurance carrier for permission to see another doctor.
Be Honest
It is crucial that you are open and honest about your injury when you visit the appointed doctor. Don’t exaggerate your condition, but don’t hide it either. Make sure to explain the whole truth behind your accident, injuries, recovery, and setbacks. Providing false information or withholding true information from your doctor can cause your claim to be denied.
Return to Work at the Right Time
Many employees are anxious to return to work, so they skimp on following their doctor’s treatment plan. While this behavior might be tempting, it can cause your claim to be denied because your workers’ comp claim administrator can decide you’re not trying, or that you’re faking your injury.
To avoid this pitfall, make sure to obey your treatment plan to the very letter: go to all appointments, do your physical therapy, and follow any other instructions your doctor gives you.
Remember that you have a right to your medical safety. If you and your doctor disagree about your treatment, or on your timeline for returning back to work, you are allowed to appeal to the Worker’s Compensation Commission.
Get a Second Opinion
Although you are required to visit the doctor assigned to you by your employer, you can (and should) get a second opinion on your treatment. If your own doctor’s treatment plan varies significantly from the insurance company’s doctor, you should notify the Worker’s Compensation Commission. A disagreement such as this could impact your claim statement.
When your health, safety, and livelihood are on the line, it’s worth the time and effort it takes to go get a second professional opinion about your injury.
Work with a Trusted Legal Professional
Unfortunately, complications often arise when you file a workers’ compensation claim. Your claim may be denied, your employer could deny that your injury is work-related, or your company might claim you’re not an employee. You could be accused of faking your injury, or your paperwork could slip through the cracks. You may have requirements that seem unreasonable placed on you in order to qualify. You may run into other complications as well.
If you feel your claim was wrongly denied, you should stand up for yourself and fight the committee’s decision. In order to avoid having to pay out of pocket for your treatment, you should work with a trusted legal professional who can help you receive your benefits and be treated fairly. It can be difficult to go through this process all on your own. Surround yourself with a support network who can speak on your behalf and be a strong advocate for you. Going it alone can be a costly mistake.
Even though all the rules surrounding workers’ compensation can seem complicated and overwhelming, it’s important to do the work to obey them. Doing your due diligence when it comes to all the paperwork and doctor’s appointments will pay off when you’re able to receive the benefits you deserve. Make sure to keep copies of all your medical records and compensation applications. Work with trusted professionals when necessary and be open about communicating with your employer. And above all, take care of yourself and your body.