Injured worker consulting with a workers' compensation attorney about filing a claim

Common Mistakes to Avoid in Workers’ Compensation Claims

By Skip McManes - July 6, 2024 - Personal Injury

Avoid These Common Mistakes in Your Workers’ Compensation Claim

Workers’ compensation benefits are crucial for employees who suffer work-related injuries or illnesses. While the claims process might seem simple, one mistake could lead to a denied claim or reduced benefits. To help you successfully navigate the process, we’re breaking down the biggest mistakes to avoid when filing a workers’ compensation claim.

1. Not Reporting Your Injury Right Away

One of the most common mistakes injured workers make is delaying the report of their injury or illness. In Georgia, and many other states, you must notify your employer as soon as possible. Waiting too long can lead to questions about the validity of your claim or even automatic denial due to missing the deadline.

Best Practice:

  • Report your injury immediately to your supervisor or HR department.
  • Follow company procedures and document when and how you reported the injury.

Tip: If you’re unsure about reporting requirements, check out this official workers’ compensation guide.

2. Skipping or Delaying Medical Treatment

Even if your injury seems minor, failing to seek immediate medical attention could hurt your claim. Insurance companies may argue that your injury wasn’t serious or that it happened outside of work if you delay treatment.

Best Practice:

  • Get checked by an approved workers’ compensation doctor as soon as possible.
  • Keep all medical records and follow the prescribed treatment plan.

Tip: Avoid delaying medical care, as it may weaken your claim.

3. Not Following Your Doctor’s Treatment Plan

If you skip medical appointments or ignore your doctor’s advice, the insurance company may claim you’re not really injured or that you’re prolonging recovery for more benefits. This could jeopardize your claim entirely.

Best Practice:

  • Attend all medical appointments and document your progress.
  • Follow your doctor’s recommendations and take prescribed treatments seriously.

4. Failing to Document Your Injury and Treatment

Insufficient documentation is one of the leading reasons why workers’ compensation claims get delayed or denied. Without proper records, it becomes your word against the insurer’s.

Best Practice:

  • Write down exactly how the accident happened (time, location, and details).
  • Keep copies of medical reports, bills, prescriptions, and any doctor’s notes.
  • If possible, get witness statements from co-workers who saw the accident.

Tip: The more documentation you have, the stronger your case.

5. Not Keeping Your Employer Updated

Your employer needs to stay informed about your medical condition, work restrictions, and recovery timeline. If you fail to notify them about changes, your benefits could be delayed or stopped altogether.

Best Practice:

  • Provide updates on medical progress, work restrictions, and return-to-work plans.
  • If you experience setbacks or complications, inform both your employer and insurer.

6. Trying to Handle Your Claim Without a Lawyer

Many employees assume they don’t need legal help for a workers’ compensation claim. However, if your claim is disputed, delayed, or denied, having an experienced lawyer can make a huge difference.

Best Practice:

  • If your claim has been denied or your benefits are lower than expected, consult a workers’ compensation attorney.
  • A lawyer can fight for your rights and ensure you receive fair compensation.

7. Accepting a Settlement Too Soon

Insurance companies often offer quick settlements to close claims as cheaply as possible. If you accept a settlement without legal advice, you may be leaving money on the table.

Best Practice:

  • Never accept the first offer without reviewing medical expenses, lost wages, and future treatment needs.
  • Consult a lawyer to negotiate for the maximum benefits you deserve.

Tip: You cannot go back and ask for more once you accept a settlement. Make sure it’s fair.

Final Thoughts: Protect Your Rights

By avoiding these common mistakes, you can strengthen your workers’ compensation claim and increase the chances of receiving the full benefits you deserve.

Need Help With Your Claim? Contact McManes Law Today

If your workers’ compensation claim has been denied, delayed, or undervalued, we can help. Our experienced workers’ compensation attorneys will fight to protect your rights and get you the compensation you need.

Call us today at 770-645-8801 for a FREE consultation
Or fill out our online contact form to get started.

Don’t wait too long—timing is critical in workers’ compensation claims. Let our legal team guide you through the process and fight for your rights.

Skip McManes

Skip McManes is a seasoned attorney with more than 20 years of experience in representing injured workers. Prior to dedicating his legal practice to this cause, he briefly worked as an insurance defense lawyer where he witnessed the unethical tactics of insurance companies. This motivated him to shift his focus to defending the rights of workers against these powerful entities. Skip obtained his education from Johnson High in Gainesville and the University of Georgia, where he earned a degree in finance and a law degree. Despite his busy schedule, he remains an avid supporter of the Georgia Bulldogs. Currently residing in Alpharetta, Georgia, Skip has been married for over two decades and has four children. His commitment to his clients and passion for justice are evident in his work, and he is dedicated to fighting for the rights of those who have been injured on the job.

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