One of the biggest mistakes to avoid in a Richmond workers’ compensation claim is failing to report the accident in time. The injured worker has 30 days to report their work accident to their employer.
The forms associated with workers’ compensation can be complicated for someone who has never had a work accident before. Many individuals fill out the forms incorrectly, and if they have missed the timeframe for filing for checking a box for a certain benefit on the claim form, then it may be too late. The claim form itself looks simple but the injured worker has to know all the benefits that they are entitled to, make sure to check all the boxes, and be as specific as possible on the claim form.
Fortunately, if you were injured at work, a seasoned workers’ compensation lawyer could help you file a claim in time. Also, an attorney could walk you through the process to help you avoid the common mistakes when making a Richmond workers’ compensation claim.
A major mistake to avoid in a Richmond workers’ compensation claim is trusting that the employer has the injured worker’s best interests at heart. An individual should not assume that the employer is paying them everything they are entitled to or that they are going to walk them through the process. Also, they should not think the employer is going to file a claim for them. The claim is the responsibility of the injured worker. An injured worker’s lawyer typically handles a claim, but the only other person who can file it is the injured individual.
Another mistake that might be made in a workers’ compensation case is to accept a settlement that is not appropriate to the case. The insurance company might offer the injured worker a lowball settlement. Once someone receives a settlement offer, they should consult it with their attorney to determine whether it is a fair offer. A seasoned lawyer could ensure that the injured person gets the workers’ compensation benefits that they are entitled to.
Not describing the accident correctly is another common mistake that an injured worker might make. They need to be very specific about how the accident happened, and under Virginia law, it needs to be a sudden mechanical injury that happened in a specific moment in time rather than repetitive injuries, which are not covered under workers’ comp in Virginia.
Underreporting injuries hinder the success of workers’ compensation claims. If the injured worker does not report it in time or minimizes the injury, then that injured worker may be robbing themselves of benefits altogether under the workers’ compensation program. Minimizing the injury will have a negative effect on the claim because if the injured worker is downplaying the symptoms or the injury early on, it can be difficult to obtain all the medical benefits that are needed in the future when the injury turns out to be more serious.
The most significant mistake to avoid in a workers’ comp claim is not hiring an attorney. It is imperative for an injured person to have a legal advocate in their corner who understands how to navigate the workers’ compensation system and recover benefits.
When they call this office for help with workers’ compensation matters, an injured worker can expect to receive a wealth of legal guidance and direction from qualified and experienced attorneys. Call today to learn more about the mistakes to avoid in a Richmond workers’ compensation claim and how a lawyer could help you.