Mistakes to Avoid When Filing a Workers’ Comp Claim
Getting hurt at work can turn your world upside down. Following a workplace accident, you’re left juggling doctor visits, missing paychecks, and worrying about whether you can keep your job.
That’s a lot to handle.
Fortunately, Maryland’s workers’ compensation system is designed to help you during this crisis. But the truth is, even a small mistake in the process can delay your benefits or, worse, cause your claim to be denied.
What mistakes should you avoid when filing a workers’ comp claim? If you’ve been injured on the job in Maryland, you need to know what not to do.
The following are the most common pitfalls with workers’ compensation claims.
Waiting Too Long to Report the Injury
Maryland law requires you to report your workplace injury to your employer within 10 days. However, waiting that long can work against you. Delays raise red flags for employers and insurance carriers. Sometimes, they can argue that the injury happened elsewhere or is not as serious as you claim.
Don’t wait. Even if you are not sure of the seriousness of your injury, you will want to document it immediately. Make sure to put the report in writing, such as an email, text, or incident report form. You want to have a clear record.
Relying on Your Employer to File Your Claim
A major mistake injured workers make in Maryland is assuming that telling their boss or going to the doctor is enough. Many times, it is not. You must file an official claim with the Maryland Workers’ Compensation Commission. Once again, do that as soon as possible.
The deadline is 60 days from the date of injury. Filing late or skipping this step can result in your claim being denied. This can happen even if your employer acknowledges the injury occurred at work.
You can file an online claim through the WCC portal or submit a paper Employee Claim Form C-1. Missing this step is one of the most common reasons claims are denied in Maryland.
Failing to Get Medical Care
You can choose your doctor after a workplace injury, but many workers don’t know this. They either delay treatment or go to a doctor their employer recommends without realizing they have a choice.
Some of these “preferred providers” may downplay injuries or push for an early return to work.
Delaying medical attention also hurts your case. If days or weeks pass between your injury and your first doctor’s visit, the insurance carrier may argue that your condition wasn’t serious or work-related.
You will want to get evaluated right away.
Providing Incomplete Information
What you tell your employer, doctor, and the Commission should all line up. If there are discrepancies, they may be used to question your credibility.
For example, if you tell your supervisor that you hurt your back lifting boxes, but your medical records mention that you were pushing a cart, it may seem like you are being dishonest. When describing your injury, you always want to be clear, specific, and truthful.
Ignoring Work Restrictions
Failing to follow your doctor’s instructions can jeopardize your claim. If you are told not to lift more than 10 pounds, don’t push it. If you are required to attend physical therapy, make sure you go.
The workers’ compensation insurer may hire a nurse case manager or investigator to monitor your compliance. If they find you have ignored medical advice or skipped appointments, they may try to suspend your benefits or argue that you are no longer injured.
Not Hiring a Workers’ Compensation Lawyer
While not every injury requires a lawyer, some cases need legal help. If your claim has been denied, your injury is severe, or you are pressured to return to work too soon, a Maryland workers’ comp attorney can make all the difference.
An experienced attorney will represent you in hearings before the Workers’ Compensation Commission. Plus, they will make sure your medical records and evidence are in order so that you can get your full benefits.
Protecting Your Rights After a Workplace Injury
Filing a workers’ compensation claim in Maryland can sometimes be challenging. One small misstep can significantly impact your ability to get the care and compensation you need.
At Belsky & Horowitz, LLC, we’re here to ensure you get the benefits you are entitled to. From the initial claim to assisting with an appeal, we are here for you. You can learn more with a consultation with one of our attorneys.
