Top Mistakes That Delay Workers Compensation Claims

Top Mistakes That Delay Workers Compensation Claims

When filing a workers compensation claim, attorneys and clients must be aware of companies and the mistakes that can hold up the progression of claims. Here are the most common mistakes that occur within the workplace;

  • Time Lapses

When an accident occurs, a workers compensation claim should be filed as soon as possible. Many times, employers do not stress the importance of claimants reporting the accident or filing their claim in a timely manner which can then hinder the investigation.

Workers Compensations Claims

  • Lack of Proper Investigation

When a worker has an injury, the immediate supervisor is responsible for investigating the occurrence, but does not always do so. This impacts the claim, because the information is not fresh.

  • Inadequate Documentation

Having thorough and complete notes during the entire investigation is key. Every witness should have a signed affidavit, and the accident should be secured immediately. It is imperative that pictures, diagrams and any medical reports are accurate, but this is not always the case.

  • Communication

The employer often loses touch with the claimant once they are out on an injury, failing to keep them in the loop on the progress of their claim.

  • Lack of Medical Release

The claimant should sign a medical release at the time of the injury. This is a requirement to obtain the medical records needed to move forward with the claim. Employers often wait to get this information, which delays the claim.

  • No Transitional Programs

Quite a few employers do not have a light-duty or transitional program to allow the injured worker to come back to work, which can eliminate large claims or minimize the expenses.

  • Being Passive

When an employee is hurt on the job, the employer’s responsibility is making sure the injured worker gets the medical attention they need.  Many employers are not timely in their coordination of care and are passive about the employee’s well-being and their return to work.

  • Lack of Job Safety

Hiring people who have not been properly trained; not posting safety rules, and neglecting to keep adequate records can hurt the employer’s defense and delay the claim.

  • Lack of Understanding

In most cases, the employer is the first person contacted after an injury. Knowing the rules and regulations associated with workers compensation is important. Many employers do not understand what their role is, which delays claims and medical attention. They should have a working relationship with the claims specialist to understand the process from start to finish.

An attorney will work with you to pinpoint these deficiencies and assist in getting your claim approved, paid and if possible, get you working once again. A workers compensation attorney specializes in getting your case heard and addressed to achieve favorable results.

Call Skip at McManes Law a Workers Compensation attorney working for you

Skip McManes

An attorney dedicated to defending the injured worker, Skip McManes has practiced law for over two decades. After briefly serving as an insurance defense lawyer and seeing their unethical ways, Skip decided he had to fight against the insurance companies to protect his fellow workers. A graduate of Johnson High in Gainesville and the University of Georgia, where he earned a degree in finance and a law degree, Skip is still a fierce Bulldogs fan. He currently lives in Alpharetta, Georgia with his wife of over 20 years and his four children.

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