When an employee is injured while on-the-job, they may be unsure of what to do next. Injured employees often make crucial mistakes, including missing the filing deadline, which could hinder their chances of recovering compensation benefits. Individual sometimes think that their injuries are regular workers’ compensation cases and do not understand why they cannot be compensated for pain and suffering and other normal damages. They do not understand how timelines work and which filings have to be made, and they tend to trust the company too much to do what is right on their behalf. They do not quite understand exactly what is going on and what their rights and responsibilities are.
An experienced workers’ compensation lawyer knows when deadlines are coming up and advise the employee of their rights, as well as guidance on the appropriate medical treatment. Medical treatment is between the patient and physician, but sometimes the injured individual does not get the answers they need from the physician. Their attorney can act as a secondary source in providing some of that information.
A workers’ compensation lawyer could help protect the injured worker’s rights, to make sure that all timelines are met, that medical treatment is provided appropriately, and to make sure that they are paid appropriately if they are off work completely. Reach out to an experienced attorney to learn about the mistakes to avoid when filing a Pascagoula workers’ compensation claim.
The number one mistake to avoid when filing a compensation claim is trusting the insurance company to do what is right. Sometimes individuals will not realize that they are entitled to certain medical treatment and will not seek medical treatment from the outset.
Also, they may be talked into using their private insurance to keep the injury “off the books” and paid a regular rate by their employer. While getting paid a regular rate is appealing, it can be detrimental at the time of settlement if that individual is not able to fully return back to work.
The other mistake is not filing the appropriate paperwork. A petition to controvert must be filed by an employee within a certain timeframe to protect the rights of the injured employee.
It would be a mistake for an individual handle their own workers’ compensation benefits because they usually do not protect their rights as an injured individual or as an injured worker. Healing from their injuries may be made worse if they are not following the guidance of a physician. There are also things that physicians know to do regarding workers’ compensation injuries that the injured worker may not know to do if they are not apprised that it is a workers’ compensation injury. This can have dire consequences for the injured individual if a timely filing of claims is not made.
A significant mistake to avoid when filing a workers’ comp claim is underreporting injuries. Some companies get into the practice of trying to keep injuries “off the books” to avoid higher insurance premiums. Employers sometimes want the injured individual to bill it to their private insurance so they will cover the deductibles and co-pays and will pay them on a regular rate rather than workers’ compensation rate. This is done for numerous insurance policy purposes, but also to affect safety ratings and other issues that come up with regard to workplace injuries.
Underreporting of injuries is common in Pascagoula. However, it can have serious detrimental effects on the injured worker. The company benefits from this plan of action, but the injured worker rarely benefits from it.
The main thing an injured worker should expect from a workers’ compensation attorney is to protect their rights by making sure they are getting all the benefits they are owed, but also monitoring their treatment to make sure they are getting the right treatment for their injuries. The attorney will obtain their medical documentation to make sure that they are getting the right medical treatment. The attorney will work with the physician to assess the settlement value and help the injured claimant seek appropriate compensation benefits.
Call today to learn about your eligibility for benefits as well as the mistakes to avoid when filing a Pascagoula workers’ compensation claim.