Every day, workers are injured in their workplace in Aiken. In some industries, work is characterized by routine, high-risk tasks that expose laborers to danger, where the slightest mistake can lead to accidents, resulting in grave injuries. As such, workers need to know their rights to compensation.
Even more important, workers need to understand the elements that can put their compensation claim in jeopardy. Our experienced workers’ compensation lawyers have given us some of the most common mistakes employees make after a workplace injury.
9 Common Mistakes People Make After a Work Injury
Don’t make the same mistakes others have made. Below are the 9 most common mistakes people make after a work injury:
#1. Suffering a Work Injury in Silence
The number one mistake workers make in relation to seeking compensation for workplace injuries is failing to report the work injury to their supervisor or manager. It’s not wise to “tough it out” in silence or be afraid of repercussions you might face for reporting your accident, even minor accidents.
It might seem trivial to report every accident, but it’s absolutely necessary if you plan to make a claim in the future. Failing to report your accident will increase the odds of your claim being denied.
Additionally, there is an issue of timeliness when it comes to reporting accidents at work. Reporting your case late creates doubt about the legitimacy of your claim, providing your employer and their insurance reasons to deny your claim or offer a lowball settlement.
Under South Carolina laws, workers are required to report their accidents and/or work injury to their employers in writing within 90 days. Some companies also have internal requirements for reports that stipulate workers report the cases much earlier.
Either way, you ought to make reporting accidents your standard practice. Importantly, ensure you report the accident in a timely fashion.
#2. Failing to Seek Prompt Medical Attention
In terms of the seriousness of mistakes, not seeking prompt medical attention after a workplace accident is up there with not reporting your accident. If you’re injured in your accident, you should get checked out by emergency medical personnel.
Emergency medical attention serves two functions: it helps protect your health and well-being and documents your injuries, including the extent of your injuries.
Failing to seek emergency medical attention, your employer and their insurance can claim the injuries were not as severe as you claim, thus reducing your benefits or denying them altogether. Alternatively, they can use your delay to seek medical attention to accuse you of preventing further harm after the initial work injury, giving them another reason to reduce your settlement.
It’s also essential to note that your employer dictates the health facility you should visit for work-related emergency medical attention. Visiting a different health facility, such as your personal doctor, may increase your chances of your claim being denied.
#3. Providing Incomplete and/or Inaccurate Information
When filing the accident report with your employer and making a claim with their insurer, you should provide accurate and complete information. In the same vein, you should tell your healthcare provider all your symptoms to ensure their treatment takes all the injuries into account.
Inaccurate and/or incomplete information can give your employer and their insurer grounds to deny your claim.
#4. Not Following the Medical Advice You’re Given
Going to the doctor is not the be-all for your workplace personal injury claim. You need to follow through with the treatment they prescribe for you. This means you must strictly adhere to the health care provider’s advice.
If your health care provider prescribes a week’s bed rest, multiple visits to the physical therapists, or any other treatment and care regimen, follow the treatment plan. Failure to follow the treatment will give the insurance company grounds to terminate or reduce your benefits by arguing your injuries were not serious or that you aggravated the injuries.
Remember that the treatment is essential for your recovery and long-term well-being. Adhering to the treatment will not only bolster your personal injury claim but also ensure you make a full recovery from your work injury.
#5. Using your Personal Insurance to Cover the Emergency
Using your personal insurance cover can complicate your claim. For instance, it sends mixed signals as to whether your injuries were incurred in your workplace, giving your employer and their insurer reasons to deny or lowball the settlement they offer you. Just use your employer’s workplace insurance to simplify the settlement process.
#6. Not Photographing the Accident scene
To bolster the validity of your claim and erase many of the questions about the cause of the work injury, you should document the accident scene. South Carolina operates a no-fault system for accident compensation, and you might get compensated even when the accident is your fault. However, evidence indicating the employer was negligent will enhance your claim even further.
Sometimes, employers alter the scene to remediate the risk to employees, thereby erasing all the evidence of the cause of your accident. You can ensure you have the necessary proof that the accident occurred in your workplace and the exact cause of the accident by photographing the scene.
#7. Not Taking Time to Recover From Your Work Injury
After the accident, you should take enough time to recover. Your lost wages will be covered in the claim. Importantly, before you head back to work, you should get the all-clear from physicians working on your case. The last thing you want is to aggravate your injuries, causing complex health issues that will affect your health in the long term.
Additionally, going back to work before being cleared by the doctors will lead the insurance company to claim your work injury or injuries were not as serious as you claim, jeopardizing your claim. Additionally, you will negatively affect your claim for lost wages by going back to work prematurely.
#8. Oversharing Details Regarding your Accident and Injuries
Post-accident and pre-settlement, you should keep off social media. Equally, you should refrain from talking about the details of the accident with other employees. Only talk about your injuries and claim with your lawyer, doctor, and supervisor while ensuring you provide accurate information.
Insurance companies use social media posts to dispute their employee’s work injury claims. Posts showing you engaging in physical activities will give the insurance company grounds to dispute your claims, reducing your benefits or terminating them. Likewise, they might use your colleagues to testify against you.
#9. Failing to Engage a Personal Injury Lawyer while making a claim
Another common mistake for workers seeking compensation is to walk the journey alone. You will be served well by choosing an experienced personal injury attorney if you have suffered a work injury.
For instance, an experienced attorney will be best placed to help you with the eventual settlement negotiations. They have a comprehensive understanding of what you’re entitled to and how to calculate a fair settlement, negating the risk of being lowballed by the insurance company during the settlement.
They are also knowledgeable about tort laws and how they apply to your case. As such, your lawyer will also play a huge role in appealing denied claims and/or taking the case to court.
Don’t Suffer a Work Injury Alone; Call JJWLS Today
In a nutshell, do not risk by going it alone. Contact Johnson, Johnson, Whittle, Lancer & Staggs at (803) 649-5338 to help you seek compensation for workplace injuries in Aiken, SC. As your worker’s comp attorney, we will help you navigate the time-consuming and confusing compensation process, ensuring you receive a fair settlement.
