Common Mistakes in Workers’ Compensation Claims and How to Avoid Them

Workers’ compensation provides medical care and relief from economic hardship for millions of injured American workers each year. Most states require employers to carry workers’ compensation insurance even if they only have a few employees. In Missouri, any employer with five or more employees must have workers’ compensation coverage.

When an employee suffers an injury on the job, a successful workers’ compensation claim pays for their medical care from an employer-approved provider and pays a portion of their wages until they reach the maximum medical improvement for their condition. In more severe injuries or fatalities, workers’ compensation provides disability payments or funeral costs and lost income to surviving family members.

Unfortunately, not all requests for workers’ compensation are approved. Knowing the common mistakes to avoid after an injury helps injured employees avoid denial of their claims.

Failing to Properly Notify an Employer

Suffering a serious injury is painful and traumatic. During the pain and confusion, paperwork is the last thing on an injury victim’s mind. Sadly, a common reason for claim denial after a workplace injury is the failure to promptly and properly notify an employer in writing of an injury. It’s critical to fill out a written workplace injury report and submit a notification to an employer in writing within 30 days of the injury. Missing the deadline or failing to have the notice in writing are common reasons for claim denials. Be careful to notify your employer directly and not just your immediate supervisor or manager.

Not Seeing a Medical Professional Immediately After the Accident

After a life-threatening emergency, most injury victims are taken to a hospital in an ambulance, but when injuries aren’t as severe, some injured employees go home and hope to feel better, or they fail to seek medical care until their symptoms worsen. Failing to have immediate medical treatment and a thorough examination to ensure that every injury is properly documented can give workers’ compensation a reason to deny a claim. They may note that the injury could have occurred elsewhere rather than at work.

Failing to Use an Employer-Approved Doctor or Medical Provider

While workers’ compensation will reimburse injury victims for their emergency medical care at the nearest hospital, all additional treatment, follow-ups, and rehabilitation must be through a doctor on the employer’s list of approved providers. Employers have the right to choose the physicians and other medical personnel their injured employees see for medical care after a workplace injury. Workers’ compensation often denies a compensation claim if the injury victim did not choose a provider from the list.

Failing to Follow Your Doctor’s Instructions

Workers’ compensation commonly denies claims to injury victims who do not abide by their doctor’s treatment plan, missed appointments, or otherwise disregarded their doctor’s instructions. Even after an initial claim approval, they may stop paying wage benefits to an employee who fails to follow their doctor’s orders.

Not Returning to Work When Offered a Light-Duty Option Approved by Your Doctor

If an injury victim’s doctor clears them to return to work on light duty, refusing an employer’s offer of light-duty hours or a light-duty position can result in the termination of workers’ compensation benefits.

How Can a Workplace Injury Attorney Help?

One of the worst mistakes a workplace injury victim can make when filing a workers’ compensation claim is to do so without the legal guidance of an experienced workplace injury lawyer in St. Louis. Workers’ compensation insurance comes from private companies that have profits as their motives as do other insurance companies. They commonly look for reasons to deny, dispute, or delay claims. Representation through a skilled attorney is the best way to maximize your chances of a successful claim. Call The Floyd Law Firm, P.C. for a free consultation before you file your claim.