Without the help of effective worker's compensation, it will be tough to make ends meet after suffering an injury or accident. Unfortunately, however, many employees make common avoidable mistakes that put a dent into their right to receive compensation.
Not to mention, insurance providers try their hardest to discover loopholes so they can deny you the settlement you deserve. Furthermore, your employer will do their best to deny your claim by using various tactics.
What’s more, your compensation claim can be rejected if you fail to report the incident on time or if you miss a deadline.
So, if you're someone who recently suffered an injury due to a workplace accident, there are a few steps you can take to win your worker's compensation claim. With that in mind, let us look at a few tried and tested tips for claiming a worker's compensation claim and ensure you receive the payout you're entitled to.
Report your injury ASAP
It is a no-brainer to report your injury as soon as possible. However, if you fail to do so in the allotted period, your claim will be ineligible. That said, the period to report your injury is different for every state. But either way, if you miss the deadline due to some personal issues, you will put your compensation claim in jeopardy.
Furthermore, you also have to notify your employer about your injury. Failure to do so will also reduce your chances of getting the settlement you're after. So, ensure you read up your state's requirements and follow the deadlines to avoid complications.
Hire a worker's compensation lawyer
You might not require an attorney if your employer's insurance company willingly pays your claim or your claim is straightforward. However, hiring a workers compensation lawyer would be a fantastic idea if the insurance company ignores your claim request, makes a low-ball settlement offer, or denies/reduces your benefits.
Moreover, it will be challenging to navigate the legalities surrounding a worker's compensation claim, including the offer you should accept or reject. So, hiring an experienced attorney with a record of dealing with insurance companies and clients is the way to go.
Receive medical treatment
Receiving medical assistance as soon as possible is of the utmost importance if you want your claim to hold value. In addition, this step helps you recover quickly while serving as evidence related to the severity of your injury.
In fact, your medical reports will describe all your injuries in detail and the restrictions that will help you obtain total compensation.
However, if you don't get medical treatment on time, the insurance providers will use this to their advantage by telling the court that you weren't as seriously injured as you claimed. Similarly, your employer might also use this to say that you weren't injured at all and you're faking it.
It will enable them to weasel out of giving you the compensation you deserve.
Consider getting a second opinion
In the USA, doctors provided by insurance companies usually treat employees when they suffer injuries. However, such a thing can lead to unwanted issues as it creates a conflict of interest. Therefore, if such a thing occurs, the doctors will try to hide your treatment and injuries so that your employer and insurance provider won't have to pay you for your physical and emotional suffering.
After all, the doctors hired by the insurance company will have the insurance company's best interest in their mind.
That said, some states even allow you to receive medical treatment from a doctor of your choice. If they don't, consider getting a second opinion or asking the insurance company to provide an unbiased doctor to you.
Keep records of everything
It is always wise to keep detailed records of everything from the time you suffered the injury to the severity of your injury to the name of the doctor you visited for treatment and everything in between. So, whether it is work-related documents or medical records, keep a copy of everything.
When the time comes to file your worker's compensation claim, providing detailed records of restriction slips to medical records to everything related to your claim will dramatically improve your chances of receiving fair compensation.
Beware of private investigators and surveillance
If the insurance provider or employer doubts your credibility, they might even hire a PI to track your movements wherever you go. The PI will keep an eye on you when you are at a public place or home in hopes of catching you doing anything that the insurance company can use to deny your worker's compensation claim.
For instance, if you told the doctor that your injury limits the amount of weight you can lift. However, if the PI catches you lift boxes to and from your home, the insurance provider will deny your claim saying that you're lying about your injury.
Your employer and the insurance company can deny your worker's compensation claim due to numerous reasons. So, to improve your chances of winning fair compensation, consider the tips mentioned above and incorporate them into your strategy.
Plus, don't forget to hire an attorney if it's your first time claiming worker's compensation. After all, your lawyer will work in your best interest and ensure you get the settlement you're due. In the end, whatever happens, always report your injuries as soon as you can. Otherwise, there is no point in pursuing your claim!