Common Mistakes in Workers’ Compensation Claims

Few people ever expect to be injured on the job, but if in the event it happens it is imperative that you do
everything in your power to advocate for yourself. To wrap things up this time around I wanted to share a few of the
most common Worker’s compensation mistakes, and a few tips and tricks on how to avoid them.

Not filing a written injury report.

You need to file a written injury report in order to properly notify your employer of your injury. Include the time,
place and nature of the injury as well as the name and address of the person injured. Send an email confirmation of
it. Fill out the paperwork at the work comp doctor’s office or the urgent care or wherever you are being treated and
say that it is a work-related injury.

Denying the accident occurred.

The truth will set you free. Always communicate and be clear about how the accident occurred and how bad your
symptoms are. If your employer is trying to keep it off the books and pay for your medical with cash or put it on
your own health insurance, it is improper and they are going to hurt you. They are going to use this to deny that
you ever had an accident in the first place.

Not getting medical care.

Get medical care right away. Go to the emergency room, urgent care, or primary care doctor and report the injury and
get the medical care that you need. You have insurance and your health is important to you. If you don’t seek
treatment right away, your employer and insured are going to try to say that it is because you weren’t hurt.

Accepting too little compensation for your disability at the end of the case.

You are entitled to a permanent total or temporary total disability award. Too often, injured workers take too little
for this. A good lawyer will advocate strongly and make sure that the employee is being fully compensated for all
the levels of disability relating to the claim.

Not filing a claim within 2 years of the accident.

Although you have 30 days to place your employer on written notice of your work place injury, you only have 2 years
from the date of the accident to file your claim for compensation. R.S.Mo § 287.430. If your employer fails to
report your injury within 30 days of knowledge of the accident, then your deadline to file claim for compensation
with the State extends from 2 years to 3 years.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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