Mistakes To Avoid When Filing A Workers’ Compensation Claim
If you make a mistake after a workplace injury, you may not get all of the workers’ compensation benefits you are entitled to. Your claim might even be denied.
You probably have questions about your situation and what you may or may not be entitled to. Call Dennis Kenny Law, today at 888-312-5516 for a free consultation.
What Not To Do After A Workplace Injury
To educate workers in New York about key aspects of the workers’ compensation process, we present the information below. These are some of the mistakes you should avoid when you have suffered a workplace injury or contracted an occupational disease:
Failing to report a workplace injury to your employer — You must report your injury in writing to your employer within 30 days of the accident.
Not going to a doctor who is authorized to treat workers’ compensation patients — If you are treated by a doctor who is not authorized by the New York State Workers’ Compensation Board, your claim may be denied. When seeking an appointment, ask if the doctor accepts workers’ compensation patients.
Not accurately communicating with your doctor — If you minimize your pain or the effect of your injury on your ability to work, the doctor could note that in your record. This could harm your ability to obtain the benefits you are entitled to. Exaggerating your pain or disability could have the same effect.
Failing to follow your doctor’s orders — If you fail to follow your doctor’s orders or you stop taking medications before you are instructed to, you could lose your workers’ compensation benefits.
Not taking an independent medical examination seriously — Workers’ compensation insurance companies often use independent medical examinations to prematurely terminate workers’ compensation claims. Our firm can tell you what to expect during an independent medical examination and help you avoid pitfalls that could result in the termination of your benefits.
Talking with an insurance company case manager or claims investigator — Workers’ compensation insurance companies employ these people to minimize benefits. Before you talk with a case manager or investigator, talk to us first.
Accepting or rejecting a Section 32 settlement (lump sum settlement) before talking with a lawyer — Acceptance of a lump sum settlement will terminate your workers’ compensation claim and benefits. For some people, it is advantageous to accept such a settlement. Others are better off rejecting a settlement offer and thereby keeping their claims open. An attorney at Law Offices of Dennis Kenny, P.C., will review your offer and explain your best course of action.
Failure to pursue a third-party claim — If a party other than your employer or a fellow employee caused your injury, you may be entitled to compensation above that which you receive from your workers’ compensation claim. We can review your case and advise you concerning your legal options.