What an Employee Must Not Do When Injured at Work

Rispoli & Borneo P.C.

Workers Compensation Lawyer

A worker who has been injured while performing a job-related duty, may be able to pursue workers’ compensation benefits. These programs help employees get the care they need to heal from the injury, in hopes they can return to work as normal. The process can be complicated, so it is recommended that injured employees consult with an attorney for guidance. An employee may unintentionally commit a major error that results in a claim denial, or being awarded insufficient coverage. Here we have gone over a few of the main ways an employee may unknowingly hinder their chances at being approved for these benefits.

#1 Failing to Report the Accident

Letting your employer know about the accident is vital in the outcome of your workers’ compensation claim. Ensure that you follow the company policy on reporting and documenting workplace injury accidents. If your employer is not aware of such policies, then write down a factual report about how the severity of the injury and how it happened. An attorney at may warn you that if you do not report the accident within a reasonable time-frame, your claim could be denied by the company’s insurance agency.

#2 Leaving Out Details About Your Injury

After you report the accident, seek medical attention if it is needed. The benefits you receive are likely to be based on what is written in the medical exam by a doctor, in addition to the accident report you submitted. When visiting a doctor, tell him or her about every symptom you are experiencing. If you leave something out and it is isn’t documented, you aren’t guaranteed coverage for treatment of this area.

#3 Violating Doctor’s Orders

Under no circumstances should you violate a doctor’s orders for your physical restrictions. If you are viewed as hindering your own healing, your benefits could be cancelled or denied from the start. It is important that you abide by your doctor’s orders and attend follow-up appointments. Provide your attorney with copies of all medical documents related to your injury, so he or she can oversee how your claim is being handled.

#4 Not Asking for a Second Opinion

You may have to see a doctor chosen by your employer for the injury first, before you can get a second opinion from your personal physician. Keep in mind that the work assigned doctor was hired by your company, so they may be biased towards your injury severity and treatment plan.

#5 Returning to Work Before You are Recovered

Workers’ compensation benefits come at an expense to your employer’s insurance company. Thus, they are going to want to eliminate costs as much as possible. Insurers may pressure employers to find some type of work that the injured worker can perform, so they can pay less in benefits.

If you are struggling to handle your workers’ compensation claim, please call for a no-obligation consultation with a NY workers compensation lawyer. They are here to see that you aren’t tricked or taken advantage of as you heal from the workplace injury.

Thank you to our friends and contributors at Polsky, Shouldice & Rosen, P.C. for their insight into workers compensation and what to do if you’ve been injured at work.