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Common Workers Compensation Mistakes to Avoid from an Attorney in Denver


June 20, 2018

If you’ve been injured on the job and qualify for workers compensation, you will want to make sure that you do everything necessary in order to secure your much needed benefits package. There are a few things that can happen in the course of a workers compensation case that can seriously set back your case, and potentially cause you to delay or lose your benefits altogether. In order to be sure that you’re absolutely prepared to correctly file your case, here are a few of the things you should definitely avoid from your local workers compensation attorney in Denver.

My Employer Will File All of the Required Paperwork

In a workers compensation case, there are a few things that an employer is required to do in accordance with the law. While an employer must file a form 19 report, an employee must also follow through with their requirements in the case. This means that an injured employee needs to file their own notice to both the employer as well as a form 18 to the local Industrial commission. You cannot rely on your employer to do everything for you and it is important to make sure all necessary documents are filed.

Filing Your Workers Compensation Claim Late

In order to ensure that you receive your much-needed benefits package, it is absolutely critical that you file your claim within the necessary timeline. In order to avoid any possible mistakes or errors along the way, whether it be through paperwork not making it to the necessary parties, it is always a great idea to give yourself plenty of leeway and file your claim as soon as possible. This means you must report the injury to your employer as soon as it happens. In Colorado, you must report your injury to an employer within 4 days of the injury occurring.

Medical Record Discrepancies

One of the most common reasons why a person’s workers compensation claim is rejected is  because they have injuries that do not match their employers recounting of events. For example, if a person falls off a ladder at work and reports to their supervisor that they hurt their back and then goes to the doctor and instead reports that their leg is what is hurting them, this can negatively impact their legal case. Generally, insurers will view this as a red flag and may be suspicious and can even deny an individual’s claim if they believe the person is making a fraudulent claim. Avoid this possibility by being honest throughout the entire process and explain any discrepancies to the necessary parties.

It is important to seek out the services of a qualified workers’ compensation attorney that will fight for your rights every step of the way. Mark Simon is someone who will fight tirelessly for your rights and ensure that you receive the highest possible settlement. He will begin the investigation process immediately, ensuring you receive the best representation possible. Contact him at 303-321-4878 to discuss your legal options during a free consultation.