Massachusetts Personal Injury and Workers' Compensation Law Blog
Common Workers Compensation Claim Mistakes Injured Workers Make
It is astonishing that roughly three million people are injured at work each year. It is important for these unlucky injury victims to take appropriate steps following their accident. Failure to do so can result in making an already tough situation even worse. Here are some things all people injured on-the-job should avoid:
Failing To Report The Accident
It is critical that the accident be reported as soon as possible. Reporting the accident and your injuries to your boss is crucial. Failure to do so will only weaken your claim as the insurance company will try to diminish an otherwise valid claim for failure to report the accident.
Failing To Receive Prompt Medical Attention
Many injured workers do not realize that they should receive prompt medical attention. Many fear that medical visits will not be paid for. But that is incorrect. Failing to receive prompt medical attention will only cause more pain and stress. Be sure to visit a medical professional as quickly as possible. Also, make sure to explain to the doctor exactly how the accident arose at work so that the medical records will accurately reflect just how your were injured.
Signing Paperwork The Insurance Company Sends To You
Be sure to never, ever sign any paperwork the insurance company sends to you without first having it reviewed by an attorney. This paperwork can be very deceptive. For example, the Form 105 appears to be a document that if signed, will help you. That is false. This form cuts off the rights you are entitled to, and only serves to help the insurance company.
Failing To Attend The Independent Medical Exam
While you may treat with doctors of your choosing for a work injury, you are required to go to an Independent Medical Exam, commonly referred to as an IME. If you don’t go to this required appointment, the insurance company can suspend your benefits. Also, know that the insurance company is required to provide transportation, and an interpreter, for those who require one.
Not Following-Up On A Potential Third-Party Case
Many injuries at work are the fault of a third-party not affiliated with your employer. For example, if you have a car accident while working, you may have a claim against the driver who hit you, in addition to your workers comp claim. Or, if you slip and fall at work and a third-party was responsible then a claim can be filed against that party. This is why it is important to have an accident lawyer that can identify whether there is a third-party claim to pursue.
Not Hiring A Local Workers Compensation Attorney
The insurance company has their lawyers, and there is no reason for you not to have your own attorney. A work injury lawyer can guide you through the claims process. There are many potential traps for the unwary with these types of accident claims. Failing to have an attorney on your side only puts you at a disadvantage. Plus, lawyers that handle workers compensation claims only get paid if they win your case.