Top mistakes to avoid when filing for workers' compensation | Rosenthal, Levy, Simon & Sosa

Top mistakes to avoid when filing for workers’ compensation

If you get injured at work or develop a work-related health condition, you may be eligible for workers’ compensation benefits. Many Florida workers rely on these benefits to receive medical care and continue meeting living expenses while healing from their injuries.

Some common mistakes often cause delays and even complete denials of benefits. Working with an experienced attorney can help you steer clear of errors during this important and complicated process.

Ignoring technical requirements

Technicalities may not sound like much, but failing to meet any of the numerous formal requirements of the application process can torpedo your claim. Reporting your injury to your employer within 30 days of the accident tops the list of important requirements. In addition, it is important to submit complete documentation, as leaving out information – even completely inadvertently – can lead to accusations of fraud.

Failing to seek medical attention promptly

In order to receive benefits, you will need to substantiate your claim of injury. Many people delay going to the doctor and tend to downplay symptoms. For the sake of your health, it is important to receive a prompt diagnosis and begin treatment as soon as possible. For the sake of your claim, you will need medical documentation of your condition and treatments starting from day one.

On a related note, be sure to comply with prescribed treatments. There are many reasons why people skip appointments, do not refill prescriptions or try to do too much too soon. Not only will this negatively affect your recuperation, but it will also send insurers the message that your injury’s impact is not that bad. As a result, you may find yourself with fewer benefits than you need, facing a potential exacerbation of your condition due to incompliance with your doctor’s instructions.

Accepting unfavorable settlements

Sometimes, insurers will respond to a workers’ compensation claim with an offer to settle. Agreeing in a hurry can leave you with insufficient benefits and no way to renegotiate. Before accepting an offer, consult your attorney as to whether this would be in your best interest.


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