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Mistakes that can cause you to lose your workers’ comp case

Suffering from a work injury is a serious event that can easily overwhelm you with feelings of stress, worry and helplessness. The pain you experience daily can take all your physical and mental effort to manage. Add to the equation numerous laws and policies and it is no wonder that many injured employees make mistakes when filing a workers’ compensation claim.

 

Mistakes can cause you to lose your case altogether. Even minor errors that are possible to correct lead to delays and thus a longer wait for financial awards. Be aware of these mistakes so you can avoid them.

 

Not reporting the injury immediately

 

In New York, you have two years from the date of injury or of discovery of occupational disease to file a claim. That may seem like a long time, but the timetable for the process starts before that. You must report the injury in writing to your employer within 30 days. Not doing so may make you ineligible to receive benefits. Additionally, except in emergencies, an authorized health-care provider must examine you and complete a report within 48 hours of the accident.

 

Withholding information from the doctor

 

Now is not the time to hide details about the incident. Fault does not determine your case unless it happened only because you were intoxicated or intending to cause yourself or someone else harm. Be honest about how and where you got hurt. Furthermore, you must be thorough in your medical history to help prove your injury or disease is job related.

 

Not communicating with your attorney

 

Regularly speak to your workers’ comp lawyer so you both stay updated on your situation and can immediately address delays or other issues. At Silverman, Silverman & Seligman, P.C., we will always put you through to an attorney when you call. We are ready to help you with our decades of experience and longstanding history in the Capital District of New York. Contact us today for a free initial consultation.

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