Top 5 Mistakes That Can Ruin Your Workers’ Comp Case
Common mistakes that can ruin a Pennsylvania workers’ compensation case include failing to report a work injury, delaying medical treatment, ignoring doctor restrictions, and waiting too long to speak with a workers’ compensation attorney. These mistakes can put your medical benefits, wage-loss benefits, and workers’ compensation claim at risk.
Workplace accidents happen in every industry. While construction workers face a higher risk of injury, even office employees can suffer serious conditions such as repetitive strain injuries, lumbar strains, or arthritis from sedentary work. Whether your injury comes from a sudden electrical shock, years of repetitive motion, or another workplace hazard, a work injury can significantly disrupt your life.
Some injured workers hesitate to file a claim, worried about how it may affect their employer or colleagues. These concerns are understandable, but it is important to remember that you have legal rights. Workers’ compensation laws exist to protect you, and if you are injured in the course and scope of your employment, you should not feel guilty about seeking the benefits you are entitled to.
At the same time, filing for workers’ compensation can be intimidating. Many workers are unfamiliar with the process and unintentionally make mistakes that jeopardize their cases. By understanding these common pitfalls, you can strengthen your claim and improve your chances of receiving full benefits.
Here are the top five mistakes that can harm your Pennsylvania workers’ compensation case:
1. Failing to Report Your Work Injury Promptly
One of the biggest mistakes injured workers make is waiting too long to report an injury.
Under Pennsylvania workers’ compensation law, injured workers generally must notify their employer within 120 days of a work-related injury. However, waiting weeks or months to report an injury can create significant challenges.
Delays may allow the insurance company to argue that:
- The injury did not occur at work
- The injury happened outside of employment
- The condition was caused by something else
Report your injury as soon as possible and clearly explain that it occurred while performing your job duties.
WATCH: When Should You Give Notice to Your Employer of a Work Injury?
2. Delaying Medical Treatment
Seeking prompt medical treatment is important for both your health and your workers’ compensation claim.
When treatment is delayed, insurance companies often question whether the injury is actually work-related or whether the condition is serious enough to require benefits.
When seeking treatment:
- Tell your medical provider the injury happened at work
- Explain how the injury occurred
- Follow up on recommended care
- Keep records of treatment and appointments
Early medical documentation can be critical evidence in a workers’ compensation case.
3. Not Following Your Doctor’s Recommendations
Following your doctor’s treatment plan is an important part of protecting your claim.
This may include:
- Attending appointments
- Completing physical therapy
- Taking prescribed medications
- Undergoing recommended testing
- Following work restrictions
Insurance companies frequently review medical records for evidence of noncompliance. Missing appointments or ignoring restrictions can be used to challenge your claim.
4. Not Understanding Your Workers’ Compensation Rights
Many injured workers assume that benefits will automatically be approved because the injury occurred at work.
Unfortunately, workers’ compensation claims are not always straightforward. Insurance companies may deny claims, dispute medical treatment, challenge disability status, or attempt to limit benefits.
Understanding your rights early can help you avoid costly mistakes and make informed decisions throughout the process.
5. Not Being Honest With Your Attorney
Your workers’ compensation lawyer can only effectively represent you if they have all the facts.
Be honest about:
- Prior injuries
- Medical history
- Previous claims
- Work restrictions
- Details of the accident
Information that seems harmful may be manageable if addressed early. Surprises that arise later in litigation are often much more difficult to overcome.
How a Pennsylvania Workers’ Compensation Lawyer Can Help
Workers’ compensation claims involve strict deadlines, medical evidence, insurance company investigations, and legal procedures. An experienced attorney can help protect your rights, gather evidence, communicate with the insurance company, and pursue the full benefits available under Pennsylvania law.
Talk to a Pennsylvania Workers’ Compensation Lawyer
If you were injured at work, avoiding these common mistakes can help protect your claim and your future.
At Stern & Cohen, our Pennsylvania workers’ compensation attorneys help injured workers navigate the claims process and fight for the benefits they deserve.
Contact Stern & Cohen today for a free consultation.
FAQs
What is the biggest mistake people make in a workers' compensation claim?
One of the most common mistakes is failing to report the injury promptly. Delayed reporting can create disputes about whether the injury occurred at work and may jeopardize benefits.
Can waiting to see a doctor hurt my workers' compensation case?
Yes. Delays in medical treatment can make it more difficult to prove that an injury is work-related and may give the insurance company grounds to challenge the claim.
Do I have to follow my doctor's work restrictions?
Yes. Failing to follow medical restrictions can negatively affect your recovery and may be used by the insurance company to dispute your claim.
Should I hire a workers' compensation lawyer after a work injury?
While not every claim requires an attorney, consulting a workers’ compensation lawyer can help you understand your rights and avoid mistakes that could affect your benefits.
What should I tell my workers' compensation attorney?
You should be completely honest about your injury, medical history, prior claims, and any facts that may affect your case. Full transparency allows your attorney to prepare the strongest possible claim.