Common Mistakes to Avoid When Filing a Worker’s Compensation Claim
Filing for worker’s compensation can be overwhelming, especially when recovering from an injury. Many people unknowingly make mistakes that jeopardize their claims, resulting in delays or even denials. Knowing the common pitfalls to avoid can help ensure a smoother process and maximize your chances of receiving the benefits you deserve.
At Selingo Guagliardo, we’ve seen firsthand how even small missteps can greatly impact a worker’s compensation case. Our years of experience handling these claims have helped countless clients avoid common errors and secure their rightful benefits.
Failing to Report the Injury Immediately
One of the most common mistakes employees make is not reporting their injury as soon as it happens. Whether it’s due to fear of retaliation, assuming the injury isn’t serious, or simply hoping it will heal, delaying this step can hurt your worker’s compensation claim. In Pennsylvania, workers are required to report an injury to their employer within 21 days to receive compensation promptly. If the injury isn’t reported within 120 days, you could lose your right to compensation, except in cases involving progressive diseases.
Even if you’re unsure about the severity of your injury, it’s always better to notify your employer immediately. Reporting early ensures the incident is documented, strengthens the link between the injury and your work, and reduces the chance of complications later on.
If you have questions or concerns about how to proceed, consulting with our experienced worker's compensation attorneys can help protect your rights.
Not Seeking Medical Attention Right Away
Another mistake workers must avoid is not seeking medical attention immediately after the injury. Even if the injury seems minor, it is critical to get evaluated by a healthcare professional. Delays in seeking treatment can weaken your worker’s compensation claim, as insurance companies might argue that the injury wasn’t serious or work-related.
When you see a doctor, ensure your medical records document that the injury is work-related. These records serve as key evidence in your claim and help establish the extent of your injury. Without proper documentation, receiving the compensation you deserve can become much harder.
Getting medical attention isn't just about your claim but also about your health. Prioritizing medical care ensures you recover properly and strengthens your case by having timely and thorough records.
Providing Incomplete or Inaccurate Information
When filing a worker’s compensation claim, accuracy is everything. One of the biggest mistakes people make is submitting incomplete or inaccurate information, whether about the injury itself, the timeline, or the circumstances surrounding the incident. Small errors can raise red flags with insurance companies and lead to unnecessary delays or denials.
Include all relevant details in your claim, such as the exact date and time of the injury, location, nature, and any witnesses. Even if something seems minor, it can significantly affect how your claim is evaluated. Providing complete and consistent information will help streamline the process and minimize challenges.
If you’re uncertain about how to properly document the details of your injury or what information is crucial for your claim, it's a good idea to seek legal guidance early in the process. Ensuring your paperwork is accurate from the start can save you from headaches later on.
Missing Deadlines for Filing Claims
Missing deadlines is one of the most detrimental mistakes a worker can make when filing a worker’s compensation claim. In Pennsylvania, you are required to notify your employer of the injury within 21 days, and the absolute deadline to report the injury is 120 days from the date of the incident. Failing to meet these deadlines can result in losing your right to compensation.
It's important to note that different states may have varying timelines, so it's crucial to familiarize yourself with the specific deadlines in your area. The longer you wait, the more challenging it becomes to prove that the injury occurred at work, and insurance companies are quick to question late claims.
Staying organized and acting promptly will help ensure you meet all required deadlines. If you're feeling overwhelmed by the paperwork or uncertain about the deadlines, seeking legal help early can prevent costly mistakes.
Not Consulting with an Attorney Early Enough
Many workers make the mistake of waiting too long to consult an attorney. While you might think you can handle the claim on your own, having legal support from the beginning can make a significant difference in the outcome of your case. The worker’s compensation process is full of paperwork, deadlines, and legal intricacies that can be difficult to navigate without experience.
By consulting an attorney early, you can avoid mistakes that may harm your claim. An attorney can ensure that all forms are properly filled out, deadlines are met, and your rights are fully protected. They can also help you gather the necessary medical documentation and negotiate with the insurance company so you are not pressured into accepting a lower settlement than you deserve.
Even if your claim seems straightforward, professional guidance can save you from costly errors.
Returning to Work Too Soon
Another typical mistake workers make is returning to work before fully healing. While it might seem like a good idea to get back to your job quickly, doing so without proper medical clearance can jeopardize your health and your worker’s compensation claim. If you return too early and aggravate your injury, it may complicate your recovery and raise questions about whether you were truly injured in the first place.
Your doctor’s recommendations are critical in determining when you should return to work. Always follow medical advice, and do not let your employer or financial pressures force you back into the workplace prematurely. If you are cleared to return with restrictions, make sure your employer is aware of them and that they are willing to accommodate your needs.
Waiting until you have fully recovered protects your health and ensures that your worker’s compensation benefits remain intact.
How Selingo Guagliardo Can Help
Navigating the worker’s compensation process can be challenging, and avoiding common mistakes is essential to securing the benefits you deserve. Whether you are just beginning your claim or have run into issues along the way, having experienced legal support can make a significant difference. With a proven track record of handling worker’s compensation cases, we are here to ensure that your rights are protected every step of the way.
If you need help with your worker’s compensation claim, click the button below for a free case evaluation.
Frequently Asked Questions (FAQs) About Worker’s Compensation in Pennsylvania
-
If your claim is denied, you have the right to appeal the decision. Make sure to gather all necessary documentation and consult with an attorney to guide you through the appeals process.
-
In Pennsylvania, you must notify your employer within 21 days of your injury. The deadline to file a claim is generally 120 days, but it’s best to act as soon as possible.
-
In many cases, you may be required to see a doctor chosen by your employer for the initial treatment. However, after a certain period, you may have the option to switch to a doctor of your choice.
-
Workers are typically entitled to medical care, wage replacement, and disability benefits. The specific benefits depend on the nature of your injury and the extent of your recovery.
-
It is illegal for your employer to retaliate against you for filing a worker’s compensation claim. If you face any form of retaliation, such as being demoted or fired, consult with an attorney immediately.