When you're injured at work, taking the right steps is
vital. That means not only knowing what to do but also what not to do. To help
you protect yourself after a work-related accident, here are a few of the most
common workers’ compensation mistakes that employees make and how you can avoid
repeating them.
1. Not Reporting the Injury
First of all, don't make the mistake of failing to pay
proper attention to an accident or injury. Those who work with heavy equipment
or dangerous tools may take for granted small incidents and what seem like
small injuries. But don't feel you must be the metaphorical tough guy. Your
employer has a legal responsibility to provide a safe workplace and to care for
their employees if things happen.
In addition, remember that many injuries don't appear right
away or may even get worse after the initial period passes. You should always
start with filing a prompt report so you have a basis for any future claims you
may need to make. In Florida, you generally must do this within 30 days.
2. Not Getting Medical Treatment
Along with failing to even report the accident, an employee
may make the error of not seeing a doctor or other reputable medical provider.
You can't evaluate your own injuries or the potential
consequences of the accident. You need a competent professional to do this. If
you don't seek medical evaluation right away, you will have a much harder time
linking any future repercussions to the accident. You may even miss a deadline
imposed by your state rules.
3. Not Following Medical Advice
Once you see a medical provider, follow their instructions
to the best of your ability at all times. This can be difficult for busy
workers, but it's a vital part of the workers’ comp process. If the doctor
prescribes medicine, take it without fail. Do they recommend physical therapy
or follow-up appointments? Make all your appointments conscientiously. Are you
given home routines to follow? Follow them diligently.
Keep records to document yourself following these medical
directives. Get copies of medical reports and orders. Document how and when you
follow home exercise regimens and take appropriate medications. Create a log of
medical appointments so you don't forget any important follow-up visits. Your
attorney can use these documents to counter any claims that you may not be as
injured as you claim.
4. Posting on Social Media
As with any personal injury case, a worker with an open
workers’ comp case must think carefully about their online usage. Anything put
on the internet could be used against you during negotiations or in court.
If you post a seemingly harmless photo of yourself gardening,
for instance, the insurance carrier's attorneys might argue that your injuries
aren't that bad. Photos of having drinks with friends? They may claim alcohol
could have contributed to the accident. What about friends' and acquaintances'
social media? Anything that could remotely involve you — including posts,
comments, and photos — can all be misconstrued.
Some employees decide to forgo all social media use until
their cases are resolved. Others restrict their usage under the recommendations
of their attorney and ask friends and family to do the same. Your attorney may
also suggest you make accounts private for the duration of the claims
process.
5. Not Knowing Your Rights
Insurance carriers and attorneys know that the average
person isn't familiar with the workers’ compensation process. They also count
on employees not fully understanding their rights under federal and state law.
For example, what if you made some mistake that contributed to the accident?
Even if you were partially or primarily at fault, Florida law still provides
you with financial protection.
You may also receive a myriad of confusing notices and
forms, some of which may cause you to unwittingly give up some rights. Always
remember that the workers’ comp carrier's goal is to protect their interests —
not yours — so they should never be your primary source of information and
answers.
6. Not Trusting Your Attorney
Your workers’ comp lawyer is your primary resource through
this process. But they need all the information you can give them in order to
pursue your best interests. So be honest and forthright with them when covered
by confidentiality rules. They may need to know relevant things like prior
injuries, prior workers’ comp claims, any alcohol or drug use, current and past
medical issues, and anything that an opposing attorney could use to discredit
you.
Your attorney will, in turn, advise you on how to
communicate about your injuries. They'll help you communicate about the
severity of those injuries without overstating or understating the situation.
Following their guidance will help you maintain a strong case for
compensation.
Where to Learn More
Want more tips for avoiding the mistakes that other
employees in your situation have made? Start by meeting with David A. Helfand P.A.
We've assisted Florida workers with all their workers’ compensation and
personal injury needs for nearly three decades. Call today to make an
appointment and learn how we can help you too.
