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.