If you have been injured at work while actively performing your job during your established work hours, then you certainly have a workers’ comp case. There are various benefits linked with worker’s comp, such as medical treatment, replacement of partial wages, rehab, etc. However, there are some mistakes that you might unknowingly make, which can actually kill your case.
On that note, make sure to follow the steps below to ensure that you truly benefit from worker’s comp.
Do Report the Accident
If you make the mistake of not reporting your accident as being related to work or you don’t give the same description of the accident everywhere – these things can kill your worker’s comp case. Here is the thing: if you are hurt at work, you need to tell everyone and anyone who asks about it that it happened at work, such as your employer, colleagues, doctors, family, friends – anyone.
These different people in your life can be asked by workers comp how you got hurt, and if you don’t say that it was something not work-related and later on when you try to change your tune – no one will believe you, including the judge.
What if Your Employer Tells You not to Report the Injury
You might find yourself in a situation where your employer might ask you not to report the injury as work-related. They might tell you that they will take care of it and the medical bills. But don’t make the mistake of believing your employer, as they are just setting you up for failure. On that note, you should never trust your employer when it comes to work-related injury and your worker’s comp case.
On that note, if you get injured at work, report the injury at work and talk to a reputable work injury lawyer, such as the Laffey Bucci D’Andrea Reich & Ryan, who can help you determine your current and future losses so that you can seek maximum financial benefits.
Maintain the Same Description
So, if you do report the injury and tell everyone that it is work-related, make sure to keep your story straight. What it means is that you say the exact same description to every person. The reason why this is important is because if your story changes even just a little bit – it essentially diminishes your credibility with the judge, who will most likely believe the employer over you if it comes to it.
See An Authorized Doctor
By now, you might already know that medical evidence is at the center of what drives a worker’s comp case. So, the only medical evidence that is actually admissible in a work injury case is through the opinions of authorized doctors or independent medical examiners, which are either your or worker’s comp experts or even the judge’s experts.
On that note, you must avoid the crucial mistake of seeing your own doctor. The reason is that your doctor’s opinion will never ever be allowed inside the court and in front of the judge. If you don’t have medical evidence to support your case or your claim for medical care or lost wages – then you lose and get nothing.
Important Note: It is important for you to know that worker’s comp is only responsible for paying medical care that is recommended by an authorized doctor, which means that your personal doctor’s bills will be your own responsibility to pay and not worker comps.
Also, if you make the mistake of using your own health insurance and they find out that your injuries are work-related, they can deny payment and leave you on the hook for the bills to pay out of your own pocket.
Make Sure to Pay Taxes
You might be wondering why we are mentioning taxes in a worker’s comp case. Here is the thing: paying taxes matters because your average weekly wage is actually calculated based on the money you made and on which you paid taxes. So, if you don’t file taxes, then there is no money to use as a value to assess your average weekly wage, which also means that you don’t get paid anything.
You should know that even if you haven’t paid your taxes yet, you still can even after your accident or injury. When that is done, your average weekly wage will be rightfully calculated, and you will be paid your workers’ comp.
Return to Your Job
If you fail to return to work or you quit your job, you lose your entitlement to lost wages or worker’s comp checks. To get work comp benefits, your work comp doctor needs to have you out of work or at least on work restrictions and not on maximum medical improvement. Subsequently, it is up to your employer to offer you a light-duty job in writing. If this doesn’t happen, the worker’s comp has to pay you about two out of three parts of your average weekly wage.
On the other hand, if you don’t at least attempt the job that is offered to you by your employer, workers comp can deny payment of workers comp benefits due to something known as “voluntary limitation of income, which also applies if you quit your job.
Attend All Court Order Events
To ensure that you fully benefit from workers comp, make sure to attend all court order events. There are certain events, such as mediation and final hearings, which is what court is called in work comp cases. The court schedules these events, and if you miss these events, it can potentially mean the end of your worker’s comp case.
For instance, if you miss mediation, the judge will provide you the opportunity to explain why you missed the event at a “show cause” hearing.
However, suppose your reason for missing the court event isn’t good enough. In that case, your claim will be dismissed without prejudice, which means that you can refile them again but once more before any consequent dismissals that will lead to the fact that you can never file them again, and you will lose your workers comp case for good.
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