Mistakes To Avoid After Suffering A Work-Related Injury
Work-related injuries can happen to anyone and anytime. Fortunately, if you suffer a work-related injury in Florida, you may be entitled to workers’ compensation benefits. However, if you commit certain mistakes after suffering a work-related injury, you may affect your workers’ compensation claim. Some mistakes can make it impossible for you to claim benefits, whereas others can decrease the benefits you receive. This article discusses five common mistakes people make after suffering a work-related injury that can have devastating effects. If you have suffered a work-related injury, avoid these mistakes at all costs.
Mistake #1: Failing To Report Your Injury on Time
This is often the number one mistake people make after suffering a work-related injury. After suffering an injury at work or on the job, you need to tell your employer about the injury right away. If you wait too long to tell your employer about your work-related injury, you may become ineligible for workers’ compensation benefits. In Florida, you generally have thirty days to report a work-related injury to your employer. Time is of the essence.
Mistake #2: Failing To Disclose Previous Injuries
This is another common mistake made by injured workers. After suffering a work-related injury, you need to report a past incident or injury to avoid losing your compensation. You also need to report any past incident or injury to avoid being accused of fraud and/or being made to repay benefits already received. Indeed, if you report past injuries, your employer’s insurer may try to argue that your current injury is more than 50% related to your previous injuries as compared to the work accident or incident. This is referred to as Major Contributing Cause. However, you must keep in mind that arguing about a Major Contributing Cause is usually easier than fighting allegations of fraud.
Mistake #3: Failing To Report All Your Injuries
It is a huge mistake to fail to report the total extent of your work-related injuries. If, for instance, you hurt your back and arm at work, you need to report both injuries. Reporting the back injury and then bringing up the arm injury later or vice versa will look like you’re trying to claim more than you are entitled to. If you report an injury later, you may be accused of fraud.
Mistake #4: Seeing an Unauthorized Doctor
After suffering a work-related injury in Florida, you are required to see the doctor your employer or employer’s insurer chooses for you. Seeing your own doctor after your employer or employer’s insurer has told you which doctor to see can cost you your entire workers’ compensation claim. Indeed, you can still see your own doctor for a second opinion, but even then, you’ll need approval from your assigned doctor.
Mistake #5: Failing To Prepare for Your Deposition
After suffering a work-related injury, an attorney representing your employer’s insurance company will likely interview you in what is known as a deposition. It is crucial that you prepare for this interview. For example, you may want to review any descriptions you have provided for your accident and injuries. This will help you avoid giving inconsistent statements during your deposition. If you give inconsistent statements during your deposition, your credibility could be undermined.
Contact a Key West & Marathon Workers’ Compensation Lawyer
If you suffered a work-related injury and need help with your workers’ compensation claim, contact a Key West & Marathon workers’ compensation lawyer at Florida Keys Injury at 786-605-8500.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440.html
