Workers' compensation provides financial and medical benefits to injured or ill workers. The U.S. Department of Labor reports over 86,000 new cases of the Federal Employees Compensation Act (FECA) in 2024. The program gave over 178,000 workers and survivors $2.964 billion in work-related injury and illness benefits in its chargeback year. Over $2.027 billion was paid for wage-loss compensation, $843 million for medical and rehabilitation, and $143 million for surviving dependents' death benefits.
After an injury, filing a workers' compensation claim can be complicated and stressful. Long Beach work comp attorney Christopher Canlas advises avoiding common mistakes that can delay benefits, reduce compensation, or deny claims for many employees.
In this article, you will learn the common pitfalls associated with filing a workers’ compensation claim. It's important to understand that while workers' compensation focuses on workplace injuries, other types of injuries may fall under personal injury law, which has some other rules.
Failing to Report Your Injury Promptly
When handling a workers' compensation claim, it is advisable to report an incident as soon as possible.
Workers comp attorney Christian R. Ayers says time is important in workers’ compensation claims. Failure to report an injury promptly may make it more difficult to connect the incident to the injury and face employer questions.
Your supervisor or HR may want to discuss the accident within 24 hours. List down any injury details, how it happened, and possible witnesses.
Reporting the incident to your employer shows that you take the claim seriously. Your company or employer is obligated to take action for your claim.
Inadequate Documentation of Your Injury
After an injury, meticulous documentation is necessary for a successful case. Record the event's time, place, and details. Obtain potential witnesses' names and contact information in a book. If possible, photograph the accident and injuries. This evidence will support your account and can be used in disputes.
Keep invoices, medical reports, and treatment schedules. Set aside a folder to store quotes from your mailbox or employer emails about the incident.
The quality of your documentation and evidence significantly affects the outcome of your case.
Missing Important Deadlines
Monitoring deadlines is important to prevent delays in the processing of your claim. Workers' compensation claims are often complicated by the fact that different timelines for reporting injuries and filing claims apply.
Setting reminders for these deadlines can help you get your claim resolved.
Request a deadline from your employer or attorney. Be proactive and constantly request updates from your employer or attorney.
Not Seeking Medical Attention
Immediate medical attention guarantees workers' compensation claims, highlighting the importance of on-the-job medical exams.
Delaying medical treatment can hurt a workers’ compensation claim since the delay can indicate that the injury is minor or not work-related. Insurance companies may discredit an individual’s injury if they fail to see a doctor.
Prioritize your health by consulting medical practitioners. Your medical consultation speeds up your recovery and strengthens your workers’ compensation claim.
Underestimating the Importance of Legal Representation
Most people underestimate the value of having proper legal representation.
An experienced attorney knows workers' compensation laws and can handle complex claims. They can heavily influence a case’s outcome.
An attorney can help you gather the necessary information and negotiate with the insurer. Having a legal professional by your side helps you maximize your claim by guaranteeing that all types of damages are taken into account.
Don’t hesitate to hire a lawyer who is familiar with workers’ compensation to secure a fair settlement and avoid claim denial.
