Things That Can Destroy Your Workers’ Comp Case

workers comp

Wisconsin adopted the Workmen’s Compensation Act in 1911. The law’s purpose was to mandate employers to pay employees for job-related injuries. Today, however, it is estimated that at least 25% of workers’ comp claims are initially denied. You could endure severe physical and financial consequences if your case is denied or delayed. Injured workers need excellent medical care and temporary wage replacement.

When there is so much on the line, handling your workers’ comp case effectively is vital, so it is approved quickly. Below are details about how certain mistakes can damage or destroy your workers’ compensation claim. Talk to experienced Milwaukee workers’ comp lawyers to avoid these problems.

Not Reporting Your Workplace Injury

It is recommended in Wisconsin to inform your employer within 30 days of when the injury happened at work. Or you should tell your company within 30 days of when you find out that you have a job-related disorder or disease.

Waiting more than 30 days to report your injury weakens your credibility and the claim’s validity. It is always better to report your injury in writing to your employer as soon as you become aware of it.

Not Getting Medical Attention

A workers’ comp claim is based on the idea that you were hurt on the job because of workplace conditions. If you do not seek prompt medical care after the injury, it looks like you were not injured.

Also, not following your doctor’s treatment plan suggests the injury is not bad enough to justify compensation. So remember to attend every doctor appointment and follow the treatment plan to receive maximum compensation.

Agreeing to a Fast Workers’ Comp Settlement

Insurance companies always want to save as much money as possible on injury claims. Therefore, the insurance adjuster may offer a fast, low settlement. The idea is to test how desperate you are for money and whether you have retained a workers’ comp lawyer. Unfortunately, many injured parties who need money and do not have a lawyer may settle too quickly.

As an injured worker, you should be aware of your legal rights and the approximate value of your claim. Remember that the settlement is final once you sign the release document. Therefore, that is always wise to have your case reviewed by a Milwaukee workers’ comp attorney before agreeing to settle your claim.

Not Talking to an Attorney

Most of us are worried about what an attorney costs. In Wisconsin though, workers’ compensation lawyers only get paid if they win money for you. Additionally, an experienced workers’ comp lawyer can make a huge difference in your ultimate compensation for your injuries. Your lawyer understands Wisconsin workers’ comp laws and employees’ rights and knows how to negotiate with stingy insurance companies.

Lying to Anyone About Your Injury

Always telling the truth about the injury and how it happened is vital. Do not lie to your physician, employer, or insurance company about anything involving your claim. They will probably find out one way or another, and when they do, your claim will be reduced or denied.

Letting the Workers’ Comp Insurer Determine Your Benefits

Most workers who file a claim on their own let the insurance adjuster determine the benefit. The insurance company could calculate things correctly, but it is best to verify everything. Check their calculations, or hire an attorney to do so.

This is even more critical regarding Wisconsin disability benefits. Temporary and permanent benefits are calculated in different ways. How much you receive depends on the injury and other factors. The insurance company may pay less than you deserve, so always recheck all calculations.

Putting Inaccurate Information on the Injury Report

Your injury report must be accurate. Never make assumptions about your injury. Even if you accidentally offer false information, this can cause delay or denial.

Not Filing the Claim on a Timely Basis

You should file your workers’ comp claim within 30 days of the date of injury. Additionally, you must file the claim within six years for a traumatic injury or 12 years for an occupational disease.

Going Back to the Job Too Soon

Even if you feel okay enough to return to work, you should take it easy if your doctor says so. Broken bones, torn ligaments, tendonitis, and other common workplace injuries take time to heal. Going back to work can damage your recovery.

Talking to the Workers’ Comp Insurance Company

Every insurance company representative will pretend to be your best friend and on your side. They all work for the insurance company and look out for its interests. Their goal is to pay as little on your claim as possible. The insurance adjuster will probably call you and try to glean information about the case so they can use it against you later.

You should only give basic information to the insurance adjuster. This would include a brief summary of how the injury happened and what injuries you sustained. Do not offer more information than is asked for. Also do not offer any information that you are not sure of.

Not Getting Medical Care

You need to undergo appropriate medical treatment to receive workers’ comp for your injuries. While you can choose the doctor, you must have a medical examination and treatment for your injury. The doctor also must verify the injury is related to your work. If the insurance company asks for you to attend an independent medical exam by another provider, you need to do that, too.

Contact Milwaukee Workers’ Comp Lawyers

Were you hurt in the workplace recently? You may be overwhelmed with anxiety and concern for your health and finances. Unfortunately, most workers do not have the legal experience to understand workplace injury claims. Our workers’ comp attorneys stand ready to help you with your case.

Our Milwaukee workers’ comp lawyers represent clients in Milwaukee, Appleton, Brookfield, Fon du Lac, Green Bay, Kenosha, Madison, Manitowoc, Menomonee Falls, New Berlin, Oshkosh, Waukesha, and Wisconsin Rapids. Contact Gillick, Wicht, Gillick & Graf today for a complimentary consultation at (414) 257-2667.

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