The Most Common Workers Compensation Mistakes You Can Make

ByChristopher Le

Our workers comp attorney here in San Antonio knows how easy it is to make a mistake when filling a workers’ compensation claim. The fact is many people have never sustained an on the job injury and dont know the process. That is why its advised to seek a experienced workers comp lawyer because this process can be so confusing. Below are common mistakes claimants make with their workers comp claim. .

Mistake #1: Not Reporting The Injury To Your Employer

It is the responsibility of the injured worker to notify their employer know about their injury or accident. Many injured workers assume that their doctor will notify their employer for them, or sometimes the injured worker is too afraid to tell their employer due to fears of losing their job and being treated differently. Regardless of your fears, you should always notify your company. A supervisor, manager, or human resources manager should be told of your injuries as soon as possible. Its also important you fill out an incident report form so that it is in writing. If you just tell your employer verbally, whos to say that you actually notified your employer.

Even If you had a medical condition before you started working, you can still file a workers compensation claim. Some injured workers believe that since the have a prior medical condition that they cant file for workmans comp. That is not true. If you can prove that your pre-existing medical condition was aggravated due to your on the job injury, you should immediately report it to your doctor and employer, and also file a workmans comp claim.

Mistake #3: Going to the Wrong Doctor

You need to make sure you seek treatment with a workers compensation doctor, not your regular PCP. Its important to get medical treatment as soon as possible after youve been hurt. Many injured workers get the wrong kind of medical treatment and end up losing their benefits. You must be treated by a medical provider who is either accepts workers compensation insurance or they are within the insurance carriers network.

Mistake #4: Not Getting a Second Opinion

You can always get a second opinion. You have a right to change doctors once if you are unhappy with the first doctor you went to. Don’t forget to get a 2nd opinion if you disagree with the conclusions made by your employer’s doctor. The insurance carrier will pay the next doctor you see. However, you cannot keep on switching doctors just because you feel like it or arent happy with the doctors youve seen. So remember, you have a right to switch doctors once.

Mistake #5: Waiting Too Long to File Your Claim

Although your employer should report your injury to the Workers’ Compensation Commission immediately, many employers fail to do so. Many times the employers dont feel the need to file a claim if your injuries are minor. But what they may view as minor may actually be major to you as only you know your body. You should always plan to file a workers’ compensation claim on your own.Other situations in which you should file a claim are:

  • Your employer does not file an injury claim
  • Your employer claims that you have a pre-existing injury and insist that your claim is going to be denied anyways

Do not let the employer intimidate you. Its best to consult with a local and experienced workers comp lawyer in San Antonio. Workers Compensation Attorney Christopher Le can help.

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Christopher Le is the Founder of the Law Offices of Christopher Le. Born and raised in San Antonio, Texas, he became the first Vietnamese American in his family to become an Attorney. He takes pride in representing the working person against big insurance companies and feels that our system of justice guarantees equal rights to all citizens. He also fights for those who are no longer able to work due to a disabling condition file for social security disability benefits. Christopher comes from a hard working family who came to the United States with very little.