Twelve Mistakes That Can Ruin Your Workers' Comp Case

At the time of an accident or injury a worker may be embarrassed, dazed or disoriented. They may not be thinking as clearly as they normally would, even if they have no outward appearance of injuries. Certain things should be done at the time of the accident including remaining calm. If other workers witness an employee getting injured, they most likely will offer aid and assistance to the worker and will have their own version of events. However, your version of the events leading up to and after the accident will be vital to your case. It is for this very reason you need to write down the details before they slip from your memory. A record should be kept of the nature and extent of all injuries and any pain or symptoms you may be having as a result of your injuries. A good method to accomplish this is to purchase a separate calendar to keep track of your doctor’s visits and symptoms. To know how to find a workers comp doctor follow the link.

It can be a wall or pocket calendar, or something as simple as a printout from your computer. Finally, make sure to keep copies of everything, including all costs associated with the injury. Those costs may include loss of wages, travel to and from doctor’s appointments, special services, or necessary after-care. Also, get copies of all of your doctor’s records, x-ray, MRI or CT results, and lab reports every time you have an appointment. This can’t be stressed enough. It will save enormous amounts of time, energy, and expense rather than you or your attorney having to do it at a later date. Keep these and the corresponding medical bills together in a folder or large binder. It is important to tell your doctor everything you can about the details of your injuries from this accident and any prior injuries to the same part of your body, also known as “pre-existing” conditions.

Generally when people are asked “how are you? However, when your doctor asks this question, he or she really does want to know how you’re feeling, not merely exchanging pleasantries. Be honest with your doctor about all of your symptoms, including changing and evolving symptoms. If you are feeling better, let your doctor know. It is imperative that you do not embellish your injuries as discussed below. Sometimes people feel the need to embellish their symptoms or fabricate additional injuries in an effort to strengthen their claim. Unknowingly to you, doctors will generally perform several tests during your examination to determine if you are exaggerating your injuries. While this might be tempting, it can also be the end of your workers’ compensation case. If a doctor believes you are embellishing your symptoms to bolster your claim they will note the term “malingerer” (which means faking or exaggerating injuries) in your medical records and that can destroy your case. This is a bad idea as it can actually devalue your claim, or dismiss it altogether. Additionally, insurance fraud is illegal; the risk is too great and the benefit too little.

This is a mistake that an injured worker may not even be aware they are making. Larger companies often have doctors on staff or retainer for employee injuries. The injured employee may wrongly assume that they have to see and be treated by the company doctor, and frankly I believe that is exactly what these larger companies want you to believe. In fact, the Illinois Workers’ Compensation Act protects the injured employee’s right to see and be treated by the doctor of their choice, as well as, any other medical provider the primary physician recommends. In addition, the injured worker is entitled to a second opinion, as well as any services or tests these secondary doctors recommend as part of their overall treatment plan. Another way your claim can be diminished or denied is by not following your doctor’s treatment plan or advice. If your doctor orders follow-up tests or physical therapy, it is extremely important that you follow up on everything, even if you are feeling better. Patients often think of their treatment like aspirin – take two and you will feel better. When they feel better they wrongfully assume they can discontinue care.