Selikoff & Cohen, P.A.
Nearly 100 Years Of Combined Legal Experience Representing Employees In New Jersey
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Common mistakes while filing for workers’ compensation

Common mistakes while filing for workers’ compensation

| Jul 6, 2020 | Workers' Compensation

Workers’ compensation is a benefit that is meant to help employees recover from workplace injuries. While it may sound like a right that all employees have, it is possible to accidentally reduce the value of the compensation, or lose it entirely.

A medically consulted workplace injury averages to be more than $40,000. Without workers’ compensation, a victim of a workplace injury may need to pay for the total cost of their recovery from their own pocket. Some of the following mistakes can cause you to pay more than you need to for your injury:

Failing to report the injury

An employee who suffered a workplace injury should report the accident as soon as possible. An employer cannot begin their responsibilities in a workers’ compensation claim unless they know about the incident first. If you do not report the injury soon enough, you may lose eligibility for compensation.

Not following the doctor’s orders

If an employee goes against their doctor’s instructions, it can jeopardize their compensation. Employers may argue that the employee made the injury worse by now following directions, so the employer should not be responsible for all of the damages. Disobeying orders can also result in discontinuation of benefits.

Not getting a second opinion

Many employers will advise an employee to see a specific doctor following an injury. You should still see your primary doctor for a second opinion on the matter. Your doctor likely knows you better than your employer’s, meaning they can make a more informed opinion of your condition.

Going back to work too soon

Many employees feel pressure to go back to work as quickly as possible after an injury. Employers may look for ways that employees can go back to work without agitating their injury. This alternative is often a way for an employer to use the income a victim earned to reduce the compensation value.

Accepting the wrong disability rating

The severity of a disability rating dramatically impacts the value of workers’ compensation. As a result, employers or insurance companies may try to push for a less severe rating to reduce the settlement. Do not accept a rating unless you are working at the same capacity you were before your injury.

Not getting a lawyer

A worker’s compensation attorney knows how to help their clients pursue maximum compensation swiftly and efficiently. An attorney is someone you can trust to be on your side in your pursuit of compensation, and you can rely on their experience and knowledge to guide you.