Common Mistakes Made By Employees Pursuing Workers’ Compensation Claim

 Posted on October 15, 2021 in Workers' Compensation

When an employee is injured at work, in most cases, they are entitled to financial damages through their employer’s workers’ compensation insurance program. In Illinois, any injury resulting from the employee’s job can qualify for a workers’ compensation claim. However, it is the employee’s responsibility to file the claim correctly and provide sufficient evidence. Anyone pursuing a workers’ compensation claim, should be aware of the mistakes that employees often make that diminish the validity of their claim and ability to collect compensation.

Missteps That Can Derail Your Workers’ Compensation Claim

1.) You fail to seek medical attention after the accident.

Some work-related injuries can be incredibly harmful long-term, such as ladder falls and repetitive stress injuries. Seeing a doctor immediately after can help an employee address, diagnose, and treat their injuries. Additionally, visiting a healthcare facility after an accident will assist in adding validity to a workers’ compensation claim. It is important to see a doctor and follow their instructions. Failure to see a doctor after suffering an injury on the job may make the impression that the injury is not serious enough to qualify for a claim.

2.) You fail to report the accident to your employer and maintain accurate records.

Timeliness plays a significant role in successful workers’ compensation claims. The injuries should be reported to the employer as soon as possible following an accident. In the state of Illinois, employees must abide by the statute of limitations of 45 days. This should be completed in writing. It is important to make the report as detailed as possible, including the victim’s symptoms and injuries. The report should be consistent with any relevant descriptions included in the medical documentation, as any inconsistencies may be perceived as deceitful.

3.) You fail to provide comprehensive and truthful descriptions to your doctor.

Not only is it important to seek medical attention, but all information given to a healthcare professional should be accurate and honest. Injuries should not be exaggerated as evidence of this exaggeration can lead to the claim being denied. Any available medical records should be copied and collected for future use in court and during the investigation. As previously mentioned, all medical documentation should be consistent with anything reported to the employer to help support the validity of a claim.

4.) You fail to hire an experienced workers’ compensation lawyer.

This type of claim can be complex and confusing and employees should not have to face these battles alone. A skilled attorney will be able to assist in the investigation process, help to collect evidence, and subpoena co-workers who may have witnessed the event or can speak to the unsafe working conditions. It is critical to be entirely transparent with the attorney on all matters relating to the accident and sustained injuries.

Contact Our Aurora Workers’ Compensation Lawyer

If you or a loved one has suffered a serious injury while at work, working with an experienced Kane County workers’ compensation attorney will help to get your claim started on the right foot. The legal team with Kinnally Flaherty Krentz Loran Hodge & Masur P.C. will help to protect your rights and fight to collect any damages you may be entitled to. To learn more about how we can help and schedule a free consultation, call 630-907-0909 today.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&;ChapterID=68