Most people do not suffer a work-related injury that requires employer-provided benefits. Thus, many are unaware of the claims process and what to do in that situation. This leaves them open to mistakes which could cost them physically and financially.
If you suffered harm as a result of something that happened at your place of employment, consult with a seasoned workers’ compensation attorney. A legal professional could talk to you about the common mistakes in Elgin workers’ compensation cases, and how to avoid them.
The biggest mistake a worker can make is not reporting their injury. They might get nervous and not want to talk with their supervisor about it, or make an incident report. It is highly advised that someone speak to their supervisor and write a report, in addition to seeing a doctor. Another common mistake that workers make in Elgin workers’ compensation cases is not taking advantage of a free consultation with a lawyer. No one is under any obligation to retain an attorney. However, they could glean valuable information and advice in that consultation.
A claim could be hindered if it goes unreported for months. The injuries could worsen, and there might not be a report or medical records that prove the cause of the injury. The employer could argue that the accident happened at home.
An attorney could help an injured working by explaining the entire process to them. For the most part, workers’ compensation cases are fairly similar to each other, so an attorney likely has experience with how to approach it. Even after a consultation, there is no obligation to retain that lawyer, but it is always in someone’s best interests to have more information.
Workers try to privately deal with their injuries all the time, which is almost always a mistake. Some then try to start a claim a month or two after the incident. Without an incident report, a doctor’s visit, or supervisor notification, it is nearly impossible to successfully get covered for losses. Even if a worker files a claim and is getting medical care, they could be making a critical mistake if they skip out on finding a lawyer and allow their employer to handle the case. The employer will often work with the insurance carrier to cut off someone’s benefits.
Occasionally they might send the worker to a doctor who will provide the bare minimum amount of care and discharge them to “maximum medical improvement.” At that point, the employer could deny further treatment even if the person seeks out a second opinion. The insurance adjusters’ job is to reduce benefits and cut them off as soon as possible. They are not in the business of paying claims.
Underreporting injuries is another common mistake in local workers’ comp cases. Underreporting the severity of an injury can be problematic but most good doctors should be able to identify the full extent of the damage. It is not uncommon for older people who do not have a history of getting hurt to pretend their injury is not serious. This is unsafe and unwise. A workers’ comp claim works best when the full scale of the injury is presented. Even if the initial visit focuses on the most painful area of injury, patients should still cite every part of the body that is experiencing pain or disability so that they can be compensated for it.
If someone does not get the proper treatment, then that can delay the length of time it takes to be able to go back to work. Even if a painful area heals itself normally down the road, it is legally wise to have it documented early, in the event that it does not sort itself out
The initial hours and days after a work-related accident is the most crucial time. You must inform your supervisor, document it in writing, and seek treatment if you hope to receive compensation. You should also report every injury you sustained, no matter how small it seems, and work with a lawyer who could advocate on your behalf. Schedule a free consultation as soon as possible to discuss common mistakes in Elgin workers’ compensation cases.
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