30 Dec 6 Mistakes to Avoid in your Workers’ Compensation Claim
There are hazards associated with all kinds of work. Thankfully, you can generally recover compensation from your employer when you sustain an injury by filing a workers’ compensation claim. However, there are common mistakes that a lot of workers make while handling their workers’ compensation claims. These mistakes could affect the effectiveness of your whole claim and reduce the likelihood of getting a favorable judgement at the end.
- Failing to File a Claim with the Industrial Commission in the Appropriate Time.
When you suffer an accident, you have to file a claim with the state industrial commission within one year of the accident. If it has to do with a disease, the claim has to be filed two years after the disease rendered you unable to work. Filing your claim within the appropriate time is required if you want your claim to succeed. You might disregard this only if your employer has agreed to be responsible for all your worker compensation claims.
- Failure to inform your Lawyer of all Facts.
A workers compensation claim is difficult enough when your lawyer is fully abreast of the facts. The case becomes worse when you keep back an important fact from your lawyer. No matter how bad you think the case is, you should always inform your lawyer of everything. If you don’t, the facts that you ignored can spring up unexpectedly at a later date and wreak havoc on the whole case.
- Not Cooperating with Efforts at Vocational Rehabilitation.
The stage at which the insurance company hires a vocational rehabilitation specialist to look into your case is one of the most important processes in the compensation claims process. This stage can either make or mar your compensation claim. When you get to this stage, you should make use of a workers’ compensation lawyer in order to effectively guide you through the process. Not cooperating with the vocational rehabilitation specialist can be cited as a reason for the failure of your claim, so your cooperation is highly essential at this point.
- Failure to Accept Suitable Employment
The law doesn’t make provision for a worker getting compensation for loss of income when he can find comparable work. So, it is in your best interest to accept suitable work either at your former place of work or as recommended by the vocational rehabilitation specialist. The services of a workers’ compensation attorney is indispensable in helping you determining if the work offered to you is suitable.
- Failure to Inform your Employer of the Accident
You are required to report the accident to your employer as soon as possible after the occurrence of the accident. Make sure the notice is filed as soon as possible in writing.
- Failing to Keep a Job Search Log
Before your compensation claim can be successful, you have to prove that you have tried looking for a job but have been unsuccessful. Using a job search log is often essential to prove beyond doubt that you have made all possible efforts to find another job.