Common Workers’ Compensation Mistakes

Filing a claim for workers’ compensation can be a daunting task. You may feel as though you’re receiving conflicting information from the internet versus your employer, which only adds to the stress of your situation when all you should be worrying about is recovery. With offices in Seaford, Wilmington, and Newark, our Delaware workers’ compensation attorneys at Silverman, McDonald & Friedman can answer all your questions and help you through every step of the process.

Before you even get to that point, however, it is of the utmost importance to understand your rights and responsibilities as the injured employee to help ensure you receive the compensation you are entitled to.

What to avoid

Being faced with a workplace injury is stressful and traumatic enough without having to worry about the legal side of things. When you don’t have a choice, however, it is just as important to understand what not to do as it is to know the proper procedures when filing for workers’ comp. Here are some of the biggest “don’ts” when dealing with workers’ comp.

• Taking your time. If you’ve been injured on the job, you have 10 days to report it to your employer and two years to file a claim. Exceeding either of these time limits may prevent you from receiving compensation.
• Trusting your employer. It may seem harsh, but it’s true. Remember that their best interest – and their only interest – is saving money.
• Taking no for an answer. In a similar vein, if your employer denies your claim, do not assume that is the end of it and neglect to file with the state. Your employer’s word is not law.
• Assuming you don’t qualify. The worst case scenario is finding out too late that you were, in fact, eligible. Never make any such assumptions, no matter how sure you are.
• Assuming your employer doesn’t offer coverage. It does not matter what you do for a living. In the state of Delaware, almost every employer with employees is required to have workers’ compensation insurance in place.
• Neglecting or avoiding medical treatment. Your authorized doctor’s diagnosis and advice are essential parts to receiving compensation. Always visit your doctor as often as necessary and follow all medical instructions. Failing to accept medical treatment can ruin your chances of an approved claim.
• Failing to file a first report. In other words, you must report your injury to your employer before filing a workers’ comp claim. It is not an “either/or” situation. Not only could this prevent you from receiving compensation, but you could also receive a fine.
• Proceeding without an attorney. A skilled workers’ compensation attorney knows all the ins and outs of this process, and they can answer all your questions and protect your rights. Even if you are considering a settlement with your employer, consult an attorney. This is not something you need to do alone, nor should you try to.

Your next steps

Once you know what to avoid, you can know how to proceed. Luckily, as complicated as it may seem, there are not a lot of concrete steps for you to follow to receive compensation. Most of the process is legal, behind-the-scenes procedures you are only required to kickstart. Whether your reason for filing is due to an injury or an occupational illness, there are only a few major steps for you to worry about:

• In writing, notify your employer of your injury within 10 days of the accident and include a request for medical services. You do not need to wait for your claim to be approved for your employer to cover your costs. Their insurance will reimburse them if needed.
• Inform your employer as immediately as possible of any disabilities caused by your injury that prevent you from working. This will help make sure you receive wages lost during your recovery.
• Once your workers’ compensation claim has been filed with the state, let your employer know – especially if they denied your original claim personally.
• Obtain an attorney to guide you through the process. As previously stated, it is the job of your workers’ compensation attorneys to know exactly what to do and how to help. Too much advice will never be a bad thing.

It is natural and expected to be intimidated by the process of filing for and receiving workers’ comp, especially if you’re already saddled with medical treatments and painful recovery. Of course, there is nothing fun about any of this. However, with the high costs of medical bills – even for the insured – and the tricky legalities of not reporting workplace injuries, it is likely necessary to get your life back on track.

If you are the victim of a workplace accident that’s resulted in an injury, you want trustworthy and compassionate representation to help. Our workers’ compensation attorneys at Silverman, McDonald & Friedman have decades of experience and are ready to give you their undivided attention. We have offices in Wilmington, Newark, and Seaford. Call us today at 302-888-2900 or fill out our contact form, and let’s protect your rights together.