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3 Things You Should Do When Filing a Workers’ Compensation Claim

A construction worker at a construction site

Workers’ compensation insurance was designed to protect workers from facing financial uncertainty when they are injured during the course of their employment. However, the claim process can be very difficult to navigate. Insurance adjusters are known to deny treatments, forget to post payments, and force the injured party back to work too soon.

If you need to file a workers’ compensation claim, there are three things you must understand in order to be successful. Following these rules will give you a greater chance of winning a workers’ compensation lawsuit against your employer or the insurance company that wronged you.

1. Keep Detailed Records of Your Injury

You will want to keep a diary of all of the experiences you have after the injury occurred. This includes any pain that you are enduring, how the injury has affected your life and the things you have to have other people do for you because you are unable. You will want to document your everyday frustrations in addition to the progression of your healing process. Having a detailed record of how the injury has changed your life will provide your attorney with a great piece of evidence to use when dealing with the insurer.

You will also want to document all medical interactions. Write down appointment times and which doctors you have seen and what was stated during the appointments. Keep documents given to you by health professionals of any kind surrounding your injury: doctors, pharmacists, etc. You will want to record any expenses that occur because of these medical appointments such as cost of transportation, the cost of over-the-counter supplies, prescriptions, or costs associated with special dietary needs.

2. Follow All Medical Treatment Plans

It is very important that you cooperate with the treatment plan that is prescribed to you for your injury. Workers’ comp adjusters are very quick to state that you are fully recovered when you begin to miss medical exams and therapy sessions or it is noted in your record that you are not complying with treatment.

If you must miss an appointment, make sure that you state the reason and make a new appointment as soon as possible. Contact your attorney about missing the appointment and document the information in your journal.
If you believe that the treatment plan you are undergoing is ineffective, speak with your attorney about seeking a second opinion. You have the right to receive complete care for your injuries.

3. Avoid Social Media Posts About Your Injury or Accident

Workers’ compensation claim adjusters have taken to social media to track people making claims. You should refrain from posting any information about your accident, medical treatments or recovery. Do not post details about the event at all, if possible. If you must state something make it very bland. If you do post that you have been involved in an accident at work, never write details about what happened or who was at fault. 

It is also very important that you refrain from making negative comments about your employer on social media at this time. Adjustors often use negative comments as “proof” that you are a hostile employee and are using your injury as a way to get back at the employer. A final warning is not to post pictures, even if they are old, of you doing any special activity, sport, vacation, or attending any parties or special events. Even if the picture is old, the posting is new and they will use this as “proof” you are fully recovered from the injury.

Following these three simple steps and working closely with your experienced attorney from Tate Law Group should enable you to have a very successful workers’ compensation claim.