I have represented hundreds of injured workers. A significant percentage of whom faced a full denial of benefits by their employer’s insurance company which could have been avoided. Here is some practical advice to avoid common mistakes made following the injury:
“I felt what I thought was a minor strain and it would get better.” While this may be the case, it might also not be. It is not uncommon for an injury to seem minor, or temporary, and that it will resolve with time, only for it to get worse over the following days and weeks. Nobody wants to burden their employer with a claim. If you experience this situation, you need to prioritize yourself. At minimum, mention the seemingly minor injury to your employer, preferably in writing. Send and email, or a text. If the injury becomes worse, this documentation will be crucial in proving you sustained an injury at work. It will confirm the date of injury, what happened, and what body part was injured. Insurers love to deny claims that were not reported on or near the alleged date of injury.
- Make a note of how you were injured. Consistent reporting of how the injury occurred is crucial. You will have to tell you employer, the occupational medicine physician, specialists, and possible a judge. Consistency is credibility. Variations in what happened sow doubt and therefore denial of claims.
- Make a note of what body parts were injured. It is easy to focus on the most painful injury, but you may also be experiencing symptoms in other body parts. Perhaps you strained your shoulder, but are having pain emanating into your neck, or down your arm. Pay attention to your body, report all symptoms that are related to or accompany what you consider you main injury to be. This is crucial in getting medical care, and payment, for all of your injuries. Worker’s compensation medical providers often provide pain diagrams, this is an excellent opportunity to record your complaints.
- Make a note of other important details surrounding the injury. Think about what information would help in proving you were injured. Who was present and possibly a witness? What were you doing when injured? What date and time did the injury occur? Where were you? These are the facts that need to be presented to the judge.
In my experience, an employee’s loyalty and concern for their employer often supersedes their concern for their own health. While I respect and admire this loyalty, you need to do what is best for you and your health. Many employers do not display the same loyalty when their employee is injured. Call me today at (970) 506-3892 or email me at brett@walshadamslaw.com for a free consultation.