If you have been injured on the job, you are entitled to workers’ compensation to help you with lost wages and medical expenses. But, receiving compensation is never a guarantee.
What can go wrong? If you’re applying for workers’ compensation in Denver, avoid these mistakes that may lead to a denied claim:
Mistake #1: Not telling the truth.
The first rule everyone who is applying for workers’ compensation should follow is to always tell the truth. Don’t ever make the mistake of exaggerating your injuries or reporting false symptoms in your claim. If a doctor can tell you are not being honest, he may write the term “malingerer” on your file, meaning you are lying about the extent of your injuries. A “malingerer” label almost always leads to your case being thrown out or denied, so always be honest during the workers’ compensation application process.
After you visited your doctor for treatment, did he ask you to return for a follow-up? Did he ask you to get additional testing done at another facility? Were medications prescribed to you? If you are filing a workers’ compensation claim, it’s essential you follow your doctor’s orders closely. This is important even when you believe your condition is getting better and you don’t need to take medication or follow through with additional testing anymore. When you fail to follow your doctor’s orders, the workers’ compensation insurance company can easily argue your injuries are not serious and deny your claim.
Mistake #2: Ignoring the doctor’s orders.
Mistake #3: Failing to act quickly.
When the injury first occurs, you may be in an extreme state of shock, but it’s important to take a few minutes to calm yourself down so you can spring into action. You need to notify your employer as soon as possible so they are aware your injuries occurred at work. Be sure to document as much information about the accident as you can, even if you think it is insignificant at the time. Were any of your co-workers talking to you right before you injured yourself? What were you doing at the time? Write down everything you can so you don’t forget the minor details later.
It’s also important to document the state of your injuries with photos and a written diary. Write down your symptoms and take photos of your injuries immediately following the accident, and then take additional documentation everyday after so you can prove the progression of the injury. Keep all documentation related to your doctor visits so you can track how much you have spent on medical treatment. You should also calculate how much you are losing if you have to stay home from work as a result of your injuries. The more evidence you have, the stronger your workers’ compensation will be. Learn more about what to do after an accident at work
If you do have any questions about workers’ compensation, attorney Mark A. Simon can help. If you have been injured on the job, call us at 303-321-4878
or contact Mark A. Simon
to discuss your rights during a free consultation.