5 Mistakes to Avoid to Protect Your Workers’ Compensation

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5 Mistakes to Avoid to Protect Your Workers’ Compensation

By Steven Jensen
April 5, 2022

Sustaining an injury while on the job is an unfortunate event that can lead to medical bills and lost wages. In 2020, the United States reported over 4,764 occupational fatalities, with 47.4% of the total fatalities accounting for construction and materials moving occupations. Fortunately, employers must protect their workers by providing them with workers compensation benefits for workplace injuries. Obtaining workers’ compensation benefits after an injury will help you support yourself while you’re unable to work and cover your medical bills.

But first, you need to have the right plan in place to avoid mistakes that may harm your chances of obtaining workers’ compensation benefits. Here’s a look at some of the common mistakes workers make when pursuing compensation.

Common Mistakes that Can Affect Your Workers’ Compensation Claim

Failing to Report the Injury in a Timely Manner

A common question we hear is, “When should I report my injury after the accident?” UT Code § 78B-2-307 states that the statute of limitation for such cases is four years. Victims can file a lawsuit against the responsible party until four years from the accident date. However, we recommend reporting your injuries as soon as possible. The sooner you report the injury, the sooner you will start receiving workers’ comp benefits. 

Once you report your injuries, your employer must fill out the “Employers First Report of Injury or Illness” form and send it to its insurance company within seven days. You should receive a copy as well. The insurance company has 21 days to determine whether or not they want to accept or deny your claim. They may decide they need to investigate the incident further. If this is the case, they have another 24 days to accept or deny your claim. 

Not Seeking Medical Treatment

Failing to seek medical treatment after your workplace injury may lead to your workers’ compensation claim to be denied. In addition, refusing to follow doctor’s orders or recommendations may be seen as a red flag or that you aren’t actually injured. 

The purpose of workers’ compensation benefits is to help injured workers pay for their medical treatment and make up for lost income when they are unable to work. If you do not seek medical care, it may raise red flags. The WCC may view this negatively and feel you are not actually injured or that the injury is not that serious.

Failing to Gather Evidence

Gathering evidence after your workplace injury is crucial, so don’t overlook this part. Evidence can include pictures of the scene of the accident and your injury, any important objects that were impacted by the incident, and witness testimony. In addition, request all 9-1-1 call recordings and first responder reports from paramedics, fire departments, ambulance services, police departments.

You’ll want to keep detailed and organized records of the time off from work as well as expenses for your medical treatments. If you were injured by a third-party, there’s more evidence you’ll need to gather since you can receive compensation from your employer’s insurance policy and the third-party company. You’ll want training manuals from the third-party company to show that the third-party employee did not follow the rules of the company or that the company did not have safe rules for its employees to follow.

Finally, request the insurance coverage information from the third-party insurance carrier, including adjuster’s name, claim number, and policy limits amounts. 

With all of your evidence in place, this will help ensure you get paid the compensation you are entitled to.

Signing Paperwork Without an Attorney

Signing paperwork presented by an insurer legally means you fully understand and agree to the terms. Before signing on the dotted line, we always recommend having a lawyer look it over to help you understand the fine print and exactly what kind of terms you are accepting. 

Failing to Contact Workers’ Compensation Attorney 

Injuries sustained due to construction accidents are often life-threatening and long-term. It can impact your livelihood, family life, and physical and mental capabilities. Fortunately, there’s no need to go through this alone. With the help of an experienced and aggressive workers’s compensation attorney, it’s a much less stressful process. They can fully manage the claim on your behalf, gathering the appropriate evidence to prove your claim and protect your rights.

A personal injury law firm understands the complexities of the process and what it takes to get your fairly compensated. The value of your settlement can vary significantly based on a number of factors, including:

  • The nature and severity of your injuries
  • How long your injuries will take to heal
  • The cost of your unpaid medical bills
  • The estimated costs of future medical care
  • Your average pre-injury weekly wage
  • The evidence available for your claim
  • How your injuries affect your ability to work
  • The costs of retraining or accommodating disabilities

If your claim is denied, they can assist you through the appeals process.

Maximize your Chances of Winning – Contact an Aggressive and Dedicated Utah Construction Accident Attorney Today 

Construction zones are full of safety hazards that can lead to serious injuries. It’s important to protect yourself and your rights against workplace safety violations. A workplace injury may be lethal and can cause permanent damages. If you are a victim of such cases, you must now speak with our Utah personal injury attorneys. 

Contact our Utah personal injury law office at (801) 708-0029. Potential clients may also submit their case details using our online contact form.

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