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Part Two: Applying for Workers’ Compensation in Denver? Avoid These Mistakes


November 9, 2016

In part one, we discussed a few of the mistakes you could make when applying for workers’ compensation in Denver that may ruin your case. But, those mistakes were just the beginning. Here’s a look at some others that could seriously impact your workers’ compensation case:
 
Mistake: Using your employer’s doctor.
After you are injured at work, your employer may suggest you see a doctor they have on staff to treat your injuries. Your employer could even phrase it in a way that suggests you have to see this doctor, but that’s not the case. Don’t let your employer pressure you to see a doctor they are affiliated with. Instead, choose a doctor that you trust and respect, and feel free to get a second opinion if you’d like. Your employer cannot dictate what doctor you see, so don’t let this affect your case.
 
Mistake: Not returning to work when the doctor tells you.
Some doctors will tell you to return to work and perform other, lighter duties until you have completely healed. If you don’t follow these orders, and choose to stay at home instead, your employer will be able to argue you clearly do not want to work. They will claim you are trying to receive workers’ compensation just to get out of having to work on a daily basis. As we said before, always follow doctor’s orders, especially when it has to do with returning to work.
 
Mistake: Not double-checking the calculated average weekly wage.
An insurance adjustor will calculate how much you are entitled to by looking at your average weekly wages. But, don’t just accept whatever value they give you. Insurance adjustors may try to lower the value they place on your average weekly wage so you don’t receive as much workers’ compensation. The adjustor may forget to add in your per diem, overtime or tips, which means you will end up receiving far less than you actually deserve. This could severely impact the quality of your life as you recover from the injuries you suffered at work, so pay close attention to these calculations. Check the insurance adjuster's work by using this average weekly wage worksheet.
 
Mistake: Giving a recorded statement to the insurance company.
You may have heard the term “you have the right to remain silent” used in criminal cases, but it applies in workers’ compensation cases, too. Anything you say to your employer’s insurance company could be twisted around and used against you, so it is always recommended that you stay silent. Insurance companies may even try to tell you this is a required step in the process or they can’t move forward with your claim until you give a statement, but don’t let them fool you. If you ever need assistance dealing with an insurance company, speak with an attorney.
 
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.