Common Mistakes to Avoid When Filing for Workers’ Compensation

man holding out a form on a clipboard - workers comp mistake concept

Workers’ Compensation benefits can be crucial to help ensure you obtain the medical treatment you need to recover from your work-related accident and can provide a portion of your lost wages until you are back on your feet. However, Washington Department of Labor & Industries (L&I) claims can be complex and it is essential to be aware that there are a number of procedures that must be followed. There are also a wide variety of missteps that you should be mindful of to avoid harming your claim.

Here are some common Workers’ Comp mistakes to avoid:

1. Failing to Report the Injury Promptly

You should not wait to tell your employer about your injury. Reporting your injury promptly can help ensure evidence is preserved and help you get immediate access to the medical treatment you need. Importantly, L&I must receive a report of accident within one year of your injury date to file a claim. A claim for occupational disease must be made within two years from the date of a doctor providing you written notice that a condition is work related.

2. Not Documenting What Happened in Your Case

Being injured in a workplace accident can be stressful and emotionally overwhelming. Nevertheless, it is imperative to document the details of your injury and what happened during the accident that caused it. You should write down everything you remember about how the incident took place and the injuries you sustained as a result. If possible, try to take a photo or video of the condition that caused the accident, and obtain the names and contact information for any witnesses.

3. Not Seeking Medical Care Promptly

You should seek medical treatment right away after a work-related accident. This can help ensure your injuries do not worsen and you are able to recover as quickly as possible. It can also be important to document your claim — and make it more difficult for your employer to argue that your injury is not work-related.

4. Not Following Your Doctor’s Treatment Recommendations

Not adhering to your doctor’s treatment recommendations is a common Workers’ Comp mistake to avoid. It is vital that you attend all medical appointments and follow the treatment plan that was prescribed. You also shouldn’t return to work until your doctor has advised you to. If your doctor has restricted any activity, you should provide written proof to your employer of the limitations imposed or modifications needed. Disregarding your doctor’s advice can both slow down your recovery and impact the benefits you could potentially receive.

5. Exaggerating Your Injuries

You should always be honest with your treating physician about your symptoms, limitations, and pain — it is never a good idea to exaggerate your injuries. Doctors who handle Workers’ Comp claims are skilled at identifying inconsistencies and any exaggerations could jeopardize your benefits. In addition to damaging your credibility, being dishonest or embellishing your injuries can also result in an investigation or being charged with fraud.

6. Posting About Your Case on Social Media

If you have been injured in a workplace accident, it is recommended that you not post on social media while your Workers’ Comp claim is pending. Social media can often be used as a surveillance tactic and have a detrimental impact on your claim. You should not post any comments about your injury, the accident, or your employer to avoid inadvertently harming your case. You also should be mindful not to post any photos or comments that could potentially be inconsistent with the injuries you are claiming and activities you have been told not to participate in.

8. Not Consulting with a Workers’ Compensation Attorney

A big Workers’ Comp mistake is not consulting with a knowledgeable attorney who deals with L&I claims. Without consulting an attorney, you may not understand your rights and options. An experienced Workers’ Compensation attorney will be able to evaluate your claim, advise you regarding your legal rights, help you avoid any pitfalls, and assist you with achieving the best possible outcome in your case.

Contact an Experienced Washington Workers’ Compensation Attorney

If you have been hurt on the job, it is vital to have a Workers’ Compensation attorney by your side who can work to obtain the benefits you deserve — and help you avoid making mistakes in your claim. The Bellingham Workers’ Compensation attorneys at Robinson & Kole provide skillful representation to injured workers throughout Washington State and work to secure the best possible results in each case. We welcome you to contact us for a free consultation by calling 800.640.5616 or by using our online contact form. Se habla Español.