What Can Go Wrong With A Workers Comp Case? 7 Common Mistakes You Should Try To Avoid
Written by Cooper & Friedman PLLC on January 17, 2022
While most people do not hope or expect to get injured at work, sometimes it happens. In fact, according to information from by the Bureau of Labor Statistics, in 2020, employers reported approximately 2.1 million injury cases, with 4,764 of them being fatal work injuries.
If you are injured at work, you may decide to hire a workplace injury lawyer to help you with your case. Regardless, it is important to know what to do (and NOT to do) if a workplace injury ever happens to you.
Follow along for more details on some common mistakes that happen in many workplace injury situations.
7 Common Mistakes To Avoid Following A Workplace Injury
1. You don’t report your accident. If you get injured on the job, it is important that you take action. You are expected to report your injury to your supervisor or the person in charge. Not only do you need to report your accident, but you need to do it in a specified amount of time. In the state of Kentucky you need to report your injury as soon as possible. Additionally, in most injury cases, Kentucky law has a two-year statute of limitations to file a workers compensation claim.
2. You fail to seek out medical treatment for your injury in a timely manner. Not only are you more likely to get better more quickly with prompt medical attention but seeing a medical provider closely following your injury will also help you get your injury documented in a detailed manner. If you put off getting treatment, it could be perceived that your injury was not as bad as you claim, that it was caused by factors outside of the workplace, or that it never even happened.
3. You don’t get your doctor and other medical providers detailed and complete information about your injury. It is very important that you share the facts with your doctor, in the event that you get injured in the workplace. Not only will this detailed information best help your doctor treat you as effectively and thoroughly as possible, but the information will be important if you have end up with a workers comp legal case. It is advisable that immediately following an injury you take detailed notes on the injury, if at all possible, so that you have as thorough a record as possible
4. You don’t follow through with treatment or follow your doctor’s orders. If your doctor provides treatment direction, and you fail to follow the recommendations, it can look as though your injury is not as serious as you claim, or that you are not really committed to making a full recovery. It is very important that you take what your doctor recommends seriously and that you do all that you can do to follow your doctors’ recommendations.
5. You don’t take enough time off from work following your injury. For many different reasons, some people feel enormous pressure to rush immediately back to work following a workplace injury. Not only are many companies desperate for good workers, but many workers are very afraid of what time off can do for their job security. Having said this, if you have a serious workplace injury, chances are you will need to take a significant time off from work to really give yourself a chance to heal. Do not put your own health in jeopardy, or make an existing workplace injury more severe, by returning to the workplace before your body is ready.
6. You don’t file the required paperwork related to your workers comp claim in a timely manner. While the required paperwork for workers compensation cases varies by state, there are specific documents you are required to file within specific time frames. If you miss important deadlines, you could jeopardize your chance at a successful claim.
7. You don’t consult with an experienced workers compensation attorney. While it is not a requirement, it is advisable to hire skilled and experienced legal help in the event of a workers compensation case. Not only will a worker’s comp attorney help make sure your case meets all the required deadlines, but you will also receive expert guidance on your case. Good legal representation can make a huge difference in the outcome of all sorts of legal cases, including workers comp.
If you or someone you love is the victim of a workplace injury in the state of Kentucky, the attorneys at Cooper and Freidman PLLC can help. Our experienced legal team has decades of combined experience fighting for the rights of seriously injured workers. For more information or to schedule a worker’s compensation consultation with an experienced lawyer, give us a call today at 502-459-7555.