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What to Avoid When Filing a Workers Compensation Claim

On Behalf of | May 20, 2014 | Workers' Compensation |

If you have been injured at work, you may need advice on filing a Workers Compensation claim. There are certain things you should avoid if you want to have your claim approved. Some are listed below.

Failing to let your employer know that you were injured on the job.

It may seem really basic, but some workers hesitate to file their claim for a variety of reasons. Your employer can’t begin processing your claim to get you benefits without knowing all the details of the accident or incident. As an employee, it is incumbent upon you to notify your supervisor of any injuries immediately or as soon as possible. Making a written report as soon as you are able will document your claim.

Expecting your doctor to inform your employer that your claim is work related.

If you are seriously injured on the job and rushed to the hospital, the medical personnel treating you will not make notifying your employer of a claim the top priority. Getting you stabilized and on the road to recovery is the doctor’s first concern. Once you are out of the woods, make sure he or she realizes that this was an on the job injury and fills out the necessary paperwork.

Failing to file a report about your injury because you think you don’t have a claim.

Sometimes valid Workers Compensation claims don’t get reported because they are not directly linked to your job duties. For instance, if you attend an out of town conference and slip and fall on the way to a seminar, you may be covered under the rules of Workers Comp even though you were miles from your office when it occurred. Other times, claims can arise from repetitive trauma injuries such as carpal tunnel syndrome where problems arise over years of job activity and not a single traumatic incident.

Hesitating to report an injury that exacerbates a pre-existing condition.

An example of these circumstances could be a worker straining his back lifting a heavy object on the job after he has already had back surgery to correct an earlier problem. Previous conditions that are exacerbated are covered by Workers Compensation. These types of cases are complicated, and it is likely that you will need the assistance of an attorney who handles Workers Compensation claims.

Neglecting to report a claim because you never missed time away from the job.

Even if your injury did not require hospitalization or time off from work you are not automatically disqualified from receiving benefits under the law. You may still be entitled to a claim for medical expenses for treatment and reimbursement for prescriptions and even mileage to your doctor’s office.

Not reporting a claim out of fear of termination.

There are laws in place that forbid an employer from terminating an employee for filing a Workers Compensation claim. This does not mean that your boss can’t fire you if you have filed, but this cannot be the basis for being let go. A Workers Compensation attorney would view such a termination with a great deal of suspicion and take action on your behalf. There are many factors involved in successfully being compensated for accident and work injuries. If your employer is giving you the runaround or if you think you might have a workers compensation claim; schedule a consultation with a Kentucky Workers Compensation attorney from Edwards and Kautz. We will fight for your right to compensation.