The top 5 mistakes workers make while filing a workers’ comp claim

There are certain mistakes many injured workers make that harm their ability to receive fair and proper compensation after an accident.

Every year, over 3 million workers in New York and throughout the rest of the country are seriously injured on the job and thousands more are killed in workplace accidents, states the U.S. Department of Labor. Although many of these workers are eligible for workers' compensation benefits, some jeopardize their right to this form of compensation when they make certain mistakes during the claims process.

1. Going unrepresented

In New York State, at every hearing the insurance carrier MUST be represented. Failure to do so brings about a significant fine. The attorneys representing the carriers are experienced and in representing the carrier will often seek to have your payments reduced or stopped entirely. You shouldn't be alone. You should have your own attorney. With SILVERMAN LAW you will have an attorney who is experienced, knowledgeable about your claim, up to date on the Law and ready to proceed. Failure to do so, from the outset, can lead to problems down the line. Contact Silverman, Silverman & Seligman, P.C. (Silverman Law) to help level the field.

2. Failing to tell their employer

After involvement in a workplace accident, some employees are hesitant to tell their supervisor about what occurred out of fear for losing their job or experiencing retaliation. However, waiting to report an injury is a mistake since injured workers only have a certain amount of time to formally notify their employer about what occurred. In New York, according to the state of New York, injured workers only have 30 days to notify their employer in writing after the accident happens.

3. Not receiving proper medical care

Some employees refrain from seeking medical attention right after they incur an injury on the job because they are worried that the medical bills for the visit will have to be paid by them. Although doing this may save time, employees who do this may inadvertently show the insurance company working with them during the claims process that their injury was not very severe, and that it does not require a fair workers' compensation award.

4. Overlooking the importance of detailed records

In order to receive a fair workers' compensation award, employees need to be diligent about keeping detailed records. To do this, injured workers should keep receipts and records of physical therapy bills, bills from their doctor's office, chiropractor bills and any other expenses incurred to treat their injury. Additionally, employees should keep a log of how their injury affected their ability to perform normal daily functions, like driving or getting dressed.

5. Being inconsistent

From the start, employees should be consistent about explaining the accident and their injuries to anyone involved with the claims process. Failing to provide consistent information throughout this process could be used as reason to invalidate the claim.

Although it is essential that injured New York workers do not make these mistakes in the midst of the claims process, many are unaware that they are harming their ability to receive fair and proper compensation. For this reason, those who are injured on the job should reach out to an attorney for assistance navigating the claims process shortly after the accident occurs.