Filing A Workers Comp Claim? Tips For Improving Your Chances Of Success

Law Blog

Getting injured while at work is an unfortunate experience that many Americans face each year. In fact, according to statistics provided by the United States Department of Labor Bureau of Labor Statistics (BLS), employers reported workplace injuries and illnesses at the rate of approximately 2.8 occurrences per 100 workers during 2017, or 2.8 million total, not counting fatalities. Since most workplace injuries have the potential to involve a worker's compensation claim, employees should make sure they understand the process and take advantage of tips like these to improve their chances of success in receiving the fair settlement they deserve. 

Seek independent medical advice

When injured on the job, employees in many states are first seen and treated by a doctor or medical facility of the employer's choosing, especially in an emergency situation. While this is standard practice, employees should understand that being assessed and treated by an employer-selected medical provider can create the potential for a conflict of interest, especially in cases where the worker's comp claim later becomes contentious. 

To avoid this type of conflict, workers who are injured or become ill on the job should consider following up their initial care with another appointment with a medical care provider of their own choosing. It is important, however, to be aware that doing so may mean paying for this care out of pocket, especially in cases where your health insurance selects your care provider or offers you a limited list of approved care providers from which to choose. 

Expect investigations during your recovery 

During a time frame between filing a worker's compensation claim and successfully winning a proper settlement, injured workers should expect possible investigations into their daily lives and activities. Insurance companies routinely hire private investigators and rely on other types of surveillance to help them combat fraud and reduce their payouts on fraudulent claims. 

This type of investigation routinely looks for any sign that the worker's compensation claimant is engaging in activities that prove the injury claim to be invalid or those that might jeopardize the medical treatment and recovery process that has been formally prescribed to them to follow. 

Understand your legal rights 

A full recovery is always the goal after any workplace injury, but injured workers must also understand and protect their legal rights during this time. Speaking with a worker's compensation attorney as soon as possible after the initial injury will help you understand your legal rights and become more fully aware of the potential problems you may face.

Speak with a worker's compensation lawyer today.


29 July 2019