10 Mistakes to Avoid

Ten Mistakes To Avoid When You’re Injured At Work

1. Don’t forget to fill out an accident report with your employer no matter how minor your injury. Sometimes seemingly minor accidents develop into big problems later. Your employer has to keep a copy of the accident report on file for several years. Your lawyer can obtain a copy from your employer later and use it to prove you reported an injury.
2. Don’t refuse medical treatment when you have an accident. Your employer will say you didn’t suffer an injury because you declined treatment the day of the workplace accident. Once you need medical treatment, your employer is allowed to select the doctor under SC law. If you refuse to treat with their doctor, your employer or its insurer can deny you benefits. An attorney can help you get treatment without having your benefits cut off.
3. Don’t give a recorded statement to the insurance adjuster (unless your lawyer is with you.) You are not required to give a recorded statement. The insurance adjuster does not want to help you. Their job is to save the insurance company’s money. If you say the wrong thing, an adjuster will use your statement to deny the claim.
4. Don’t quit your job during your case. An employer is required to provide you with light duty when their doctor gives you work restrictions. If your employer doesn’t have light duty available, then their insurer has to pay you weekly checks. When you quit work, your employer doesn’t have to pay, even if you’re on light duty from their doctor.
5.  If you’re out of work because of your injury, don’t apply for short-term disability (STD) or unemployment. STD applications typically require that you confirm your injury was not work-related. Unemployment applications require you to confirm you are ready, willing, and able to work without limitations. Insurers will use these documents as evidence that you weren’t injured or your injury doesn’t limit your ability to work. A lawyer may be able to help you apply for these benefits without hurting your claim.
6. Don’t apply for Social Security Disability while on Workers’ Comp. If you apply for Social Security disability while you are treating for a work-related injury, Medicare will want to calculate the amount of your future medical care related to the work injury. Medicare will demand the workers compensation insurer sets aside that money to pay for your future medical treatment. This can delay resolution of your workers’ compensation claim and may reduce the amount you receive.
7. Don’t assume your employer or case manager is looking out for your best interest. If you were in a car wreck, would you expect the at-fault driver to help with your claim?  Your employer, or the adjuster will say you’re entitled to benefits or you’re only eligible for a limited amount. They may tell you the company has no insurance. Often this information is inaccurate and sometimes outright false. Employers and insurance companies do not want you to seek advice from a lawyer. Why? Because it costs them more money to resolve your case when you have a lawyer.
8. Don’t stop going to work without texting or emailing your supervisor or HR. When you stop going to work without notice, your employer can use this as grounds for termination. Termination doesn’t end your claim, but it will probably affect the amount you recover. If you refuse to return to work on light duty, your benefits can be cut off. A lawyer can help make sure your employer complies with any light duty restrictions and prevent your benefits from being terminated.
9. Don’t delete texts or voicemails from your employer and the insurance company. Texts or email are the best way to communicate with your employer because you have written proof later. Memories fade over time. Don’t expect your employer to remember your accident or injuries when you go to a hearing. Your attorney can use their text messages, email, and voicemail messages to refresh their recollection.
10. Don’t listen to advice from non-lawyers. Just because your co-worker’s Uncle Fred had a workplace accident in Texas, doesn’t make him an expert. Unfortunately, that doesn’t stop people from trying to give you advice that is usually inaccurate or wrong. South Carolina Workers Compensation law is complicated. Don’t settle for amateur advice.  You can meet with an experienced South Carolina workers compensation lawyer for free to discuss your rights.  Contact Martin & Martin Attorneys today.