When you are injured at work, Workers’ Compensation pays for your medical expenses, a percentage of your lost wages, and in the event of death, provides benefits to your family. This insurance coverage that employees do not have to pay for and is available beginning the day they are hired. Unfortunately, many people make mistakes that delay their benefits or cause them to be denied completely. Before filing your claim, it can be helpful to understand the top five Workers’ Compensation mistakes that could result in delay or denial. If you require assistance with your claim, whether you have made one of these mistakes or not, consulting with one of our experienced Pascagoula, Mississippi Workers’ Compensation attorneys at Lott Law may help you understand your rights and responsibilities. Call (228) 215-2787 to schedule your consultation and review your case.
Failure to Report the Injury on Time
The earliest, and perhaps most problematic, mistake is not reporting the injury on time. The Mississippi Workers’ Compensation Commission states that employees are to attempt to notify their employer within 30 days of the injury. This is usually ample time for any injury to be reported, but the sooner it is reported, the better for the worker’s claim. Earlier reporting allows for quicker approval, faster benefits, and reduced chances of a denial.
If a worker does not report their injury within that 30-day window, Mississippi’s statute of limitations on Workers’ Compensation claims is two years. This means that workers have a maximum of two years to report their injury. After the statute of limitations has expired, workers forfeit the right to any and all benefits.
Refusal to Seek Medical Attention
Another of the biggest Workers’ Compensation mistakes is refusing to seek medical attention. Often, an injury seems minor: a small cut or a mild soreness in a shoulder or knee that the individual is certain is “nothing” and will go away. Minor cuts can get infected, and mild soreness can progress to extreme pain and significant injuries such as sprains or strains. While it may be tempting to brush off an injury as minor and refuse to get medical attention, workers should reconsider this temptation and seek medical attention for any work-related injury.
By seeking medical attention, workers help to ensure their own health and well-being, which is always a priority. Seeking medical attention also creates documentation of the injury for a claim if the injury is more severe than the worker thought. At a minimum, the worker should report the injury and document proper first aid if they are determined not to see a doctor.
Failure to Report a Work Injury That Aggravated a Pre-Existing Injury or Condition
The third common mistake workers might make is failing to report a work injury because it aggravates a pre-existing injury or condition. Many workers assume that if they have an old injury or condition from a car accident, workplace accident with another employer, or playing a sport, Workers’ Compensation will not cover it.
However, the Mississippi Workers’ Compensation Commission states that if employment, or any component of the job, combines with a pre-existing medical problem or congenital defect to create a disability, it is covered by Workers’ Compensation. The employment does not have to be the sole cause but can contribute to a medical problem or otherwise make the problem become symptomatic. Workers should be aware that these cases can be more complex but they do still qualify. If you are concerned that your claim may be denied due to a pre-existing condition or injury, a Workers’ Compensation attorney with Lott Law may be able to assist you in fighting for your benefits.
Missed Deadlines
The Workers’ Compensation claims process has many deadlines, including reporting the injury and filing the claim. These deadlines are necessary to ensure that claims progress and that workers can receive their benefits in a timely fashion. However, even a single missed deadline can cause the Workers’ Compensation insurance company to deny the claim.
Workers can protect against this mistake by familiarizing themselves with the Workers’ Compensation claims process and putting deadlines on their calendars. Alternatively, they may also want to consider hiring an attorney who can assist them with the claim and keep track of deadlines for them.
Failure to Provide Accurate and Complete Information
The claim forms for Workers’ Compensation ask for a lot of information, including details about the injury, how it happened, and what kind of medical treatments were received. While providing this level of detail may seem excessive, failure to provide all the requested information can delay the claim or result in a denial. If workers are missing any requested information, they should see if witnesses, their employer, or a healthcare provider can provide the missing information.
Additionally, workers should keep receipts and copies of bills for expenses. They should also document and track every medical provider they see, appointment they attend, and all treatments provided. Because failure to follow doctor instructions can also lead to claim denial, workers may also want to take notes regarding any treatments they refuse and why they refused.
Other Workers’ Compensation Mistakes To Avoid
There are other Workers’ Compensation mistakes that are less common, but just as bad for a Workers’ Compensation claim. Workers should be mindful to avoid these mistakes and may want to consult with an attorney to learn about other mistakes to be aware of.
Giving a Recorded Statement
Like motor vehicle accidents, the Workers’ Compensation insurance provider often asks the worker for a recorded statement. While this may seem innocent, anything the worker says in this recorded statement can be used against them later. Even a simple mistake like misstating the date of the injury or saying that they felt fine immediately after the accident can be used to deny the claim. If asked for a recorded statement, workers should refuse until they can speak to their attorney, if they have one, for guidance on what they should or should not say.
Inaccuracies About Their Medical History
While it is understandable that a worker might not recall a broken toe when they were three-years-old, workers should be accurate about their medical history. Workers’ Compensation can cover pre-existing conditions aggravated by a workplace accident. Leaving critical information out of their medical history can trigger a denied claim. However, certain pieces of information may also result in providing an excuse to deny the claim too. If a worker is dealing with a workplace accident or injury that has affected a pre-existing injury or medical condition, they may want to speak with a lawyer to determine what medical information should be shared and what workers should not say to their doctor.
Posting on Social Media
People share so much of their lives online today that it can be second nature to want to create a post sharing that they have been injured at work. They might include details about how the injury happened, what the injury is, how long they think they will be out of work, and more. As friends comment with questions, empathetic comments of concern, or jokes, it is possible that something the worker says in response could be used to deny their claim. Additionally, because the claims adjuster does not know the history between the worker and their friends and family, jokes or other comments may be taken out of context and used as evidence that the worker’s claim should be denied.
How Can a Mississippi Attorney Assist You in Avoiding These Workers’ Compensation Mistakes?
While you may think that you can report your injury and go through the claims process on your own, there can be several benefits to hiring a lawyer. An experienced Mississippi Workers’ Compensation attorney may be able to assist you by tracking deadlines, filling out and filing paperwork, collecting evidence, interviewing witnesses, and fighting to ensure you get the benefits you are entitled to. They may also be able to help you avoid making these and other Workers’ Compensation mistakes. Call Lott Law at (228) 215-2787 to schedule a consultation with one of our dedicated attorneys and learn more about your legal options.