The number one reason why workers’ compensation claims are denied is the injured worker didn’t report the injury. Time after time we have seen folks with legitimate injuries have their workers’ compensation claim denied because they didn’t report their injury. This article is by a Workers’ Compensation Lawyer. If you have a serious work injury, you should hire an experinced Workers’ Compensation Attorney.
It’s simple. The longer you wait to report your injury the more likely the workers’ compensation carrier is going to deny your claim. Sooner is always better. If you feel pain in your back, report the pain. If your elbow is hurting you, report the injury.
There is a reason why the claim examiners routinely deny late reported injuries. Because workers’ compensation judges routinely rule against injured workers that don’t timely report their injury.
Just because you did not timely report your injury does mean you lost your case. You are just starting off with two strikes against you most of the time. This is why you want to report your claim as soon as possible.
If possible, try and report the injury/ claim before you go home from work. If you wait until the next time you work you will be setting yourself up for the “you got injured at home” defense. Why go there? In this day of cell phones, texting, and email, there are many ways for you to “report” your injury in order to protect your legal rights.
If you go to the doctor, be sure and report the injury as being work related. Not telling your doctor that your injury is work related is always a mistake. By not reporting the injury as work related, you are starting off with a presumption by the insurance adjuster that your injuries are not work related.
Don’t be afraid to tell the doctor about prior injuires or problems. For example, if you have an industrial back injury, be sure to tell the doctor that you had a back strain 10 years ago working for another employer. Not telling your doctor about prior injuries or problems is another sure way of having your claim denied. It is the evil twin of having your claim denied because you didn’t timely report your injury. In this day of the Internet and insurance company data banks, you are not going to sneak an old injury by the workers’ compensation insurance company.
Disclaimer:
This article is not legal advice. We are simplistic in order to achieve clarity. If you have a serious work accident, you should hire an experienced workers’ compensation lawyer. Whenever you are bringing a court case and asking for money, your credibility is always at issue. Meaning, you have to tell the truth. If you get caught in a lie, you will lose your workers’ compensation case. Always tell the truth. Don’t fudge or exaggerate your symptoms or limitations.
