Injuries at work happen often but many people are not prepared for them. This is understandable because no one plans for an accident so it’s easy to make mistakes. This is why you must know exactly what to do after a work injury to avoid making costly mistakes that could negatively impact your workers’ compensation claim. If you or a loved one have been injured at work in the Fall River, MA, region you can contact a Fall River workers’ compensation lawyer for a free case evaluation.
Below are the top 5 mistakes that most people make when filing for workers’ compensation claims.
1. Delaying to Report the Accident
OSHA requires all work-related accidents to be reported within 24 hours if they result in an amputation, loss of an eye, or any kind of inpatient hospitalization. Work-related fatalities should be reported within 8 hours.
There are exceptions to this rule, but the last thing you want is to suffer an injury and then have to defend your delayed report. Employers are always suspicious of delayed reports because it’s not uncommon for workers to fake their injuries. Therefore, to preserve the integrity of your injury, you should always report your injury immediately.
Reporting an injury will not cost you your job. Additionally, you shouldn’t wait to see if your injury will get better on its own. Some injuries have been known to worsen over time so make sure you report all injuries no matter how minor they seem.
2. Failing to Disclose Previouos Injuries
If you had any previous work related injuries yu should disclose them. Most people fail to report work injuries because they fear losing their jobs. Failure to report past injuries might result in you losing your compensation completely and you might imply that you are trying to commit fraud. In some instances, you might be forced to repay any workers’ compensation you’ve already received.
You are also obligated to disclose any prior injuries or conditions that have nothing to do with a work related injury. You want to eliminate all opportunities that your employer’s insurer might have to try to deny you compensation.
3. Failing to Report the Extent of Your Injuries
Again, you want to make sure that you do not invite unnecessary scrutiny to your workers compensation claim by disclosing all your injuries. If you hurt your leg but also state that you hurt your arm during the accident at a later date, it might seem like you are trying to claim more compensation than you are entitled to.
You should also report any symptoms that you experience after the accident such as blurred vision, loss of motor functions and so on. This is why it’s important to get a medical examination immediately after a work related injury. You should be upfront with your doctor about your injuries as well as ask about anything you don’t understand regarding your treatment or diagnosis.
4. Failing to Return to Work
Once the doctor has cleared you to return to work, even if on light duties, your employer is obligated to find a position that will not exacerbate your injuries. Failure to return to work mig mean that you will lose further compensation and benefits and your employer might decide to fire you.
If you feel you cannot perform the tasks at work that you’ve been given, you still have to show up and attempt to. You can then make a claim that you are unable to perform your duties at work. Additionally, if in you’re new positon you are earning 80% less than what you were earning in your previous position, you should apply for wage loss benefits Make sure you speak to a Fall River workers compensation lawyer for further guidance.
5. Not Hiring a Fall River Workers Compensation Lawyer
Trying to handle a workers’ compensation claim without legal representation might be costly to you especially if you have to go to court. Your employer and their insurer will consult with their legal representatives so it’s only logical that you do the same.
Consulting a workers compensation lawyer in Fall River, MA, not only ensures that your rights are protected but it also ensures that you know what your options are and you maximize compensation. Moreover, initial consultation with a personal injury lawyer are free. Contact us today at 508-676-0001 to book your free consultation.
