Common Work Comp Mistakes

(Excerpted from chapter 6 of work comp book)

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.

Deny
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 your claim for compensation with the State extends from
2 years to 3 years.