Mistakes That Workers Often Make in Workers’ Compensation Cases

Even though the workers’ compensation system was created to streamline workplace injury claims for employers and employees, a surprising amount of today’s workplace injury claims are still delayed or denied outright. These denials may be caused by preventable mistakes made by employees. By avoiding these mistakes, you can protect your claim and pursue the benefits you’re entitled to. The workers’ compensation system in Oklahoma covers reasonable and necessary medical treatment, death benefits for surviving family members, and temporary or permanent total or partial disability benefits.

The easiest way to avoid making these mistakes is to discuss your delayed or denied claim with an Oklahoma workers’ compensation attorney. If you’re having a hard time getting the benefits you’re owed, call Cunningham & Mears today.

Mistake #1: Failing to report the workplace injury immediately

You might think that waiting to report your injury until you know it requires medical care saves your employer stress and money. In fact, you should report your injury immediately to protect your right to seek treatment and receive workers’ compensation benefits. The longer you wait to report an injury, the more wiggle room you give the insurer to claim that the injury is not work-related. On top of that, waiting to report and seek medical care can make your condition worse. This gives the insurance company room to claim that they shouldn’t have to pay for care caused by your delay in reporting.

Mistake #2: Not getting medical treatment right away

Delaying medical care can weaken your workers’ compensation claim. This choice often results in gaps in your treatment records and a weakened link between the work you were doing and the injury you suffered. We don’t want to give insurance companies any room to argue that your injury is so minor that you don’t deserve benefits.

Mistake #3: Not following Oklahoma’s authorized doctor rules

Per Oklahoma law, your employer typically has the right to choose your treating physician. In Oklahoma, employers generally control initial medical treatment through their designated providers or medical plan, and switching doctors typically requires following specific procedures or Commission approval. If you do not report the injury and you just go to your doctor of choice, you may be on the hook for any bills you receive. You have to go through the process and allow your employer to choose your treating physician.

Mistake #4: Posting about the workplace injury on social media

You don’t want your workplace injury to be litigated on social media. Even if you post about it in the most neutral, non-offensive way possible, you can’t control what other people post. Imagine posting a neutral update for your loved ones about your workplace injury, only for a family member to comment, “Yeah, way to go! Workers’ comp is where the money is.” Imagine that statement being screenshotted by the insurance company and used against you as proof that you are trying to work the system. It’s better not to post at all.

Mistake #5: Returning to work against medical advice

This is a tough mistake to avoid, especially when most Americans are living paycheck to paycheck. But going back to work before you’ve been medically cleared can be devastating to your workers’ comp claim. Going back to work may worsen your injury, and insurance is likely to push back against any additional care you need as a result. On the other hand, the insurance company may use your choice to return to work as proof that you no longer require benefits and are fully healed. If your injury re-emerges at a later date (always a possibility when you try to speed through recovery) you may really struggle to access those benefits again.

Mistake #6: Failing to document the injury

If you can’t speak clearly and concisely about what happened and how it affected you, that may be a red flag to the insurance company. Oklahoma workers’ compensation claims are built on facts and evidence. That’s why we recommend jotting down everything you remember about the injury as soon as possible after it happens. Include:

• Date
• Time
• Location
• People who were in the vicinity

As you recover, you should also document changes in your pain levels or symptoms and times you are forced to miss work. You may not need all of the notes you take, but it’s better to have them than to need them and not have them.

Mistake #7: Assuming workers’ compensation is automatic

Injured workers sometimes think that filing a claim with their employer guarantees benefits, but it isn’t always that easy. Claims may be denied due to disputes regarding the nature of the injury, claims of a pre-existing injury, and claims of delayed reports or inconsistent statements. This doesn’t mean your claim is fraudulent; it means that the insurance company is perhaps being a little too aggressive with how they verify claims.

Mistake #8: Missing deadlines or making filing errors

The workers’ compensation system relies heavily on strict deadlines and filing requirements. Waiting too long to report your injury, sending in wrong or incomplete forms, or failing to appeal a denial in time could result in the permanent loss of benefits – no matter how legitimate or serious your injury may be. Oklahoma requires prompt notice of workplace injuries, and reporting deadlines can vary depending on the type of injury, so workers should notify their employer as soon as possible. Many Oklahoma workplace injury claims must be filed within one year, while occupational disease/occupational infection claims may have a two-year deadline tied to the last injurious exposure, so deadlines depend on the type of claim.

What do you do if you’ve already made one of these errors?

You may still be able to protect your workers’ compensation claim. You can take steps to report the injury, seek immediate medical care, avoid excessive social media posting, and talk to a workers’ compensation lawyer about any challenges you’re facing with the process.

Struggling to get the workers’ compensation benefits you’re entitled to? Let’s talk

At Cunningham & Mears, we help Oklahoma workers navigate the complicated workers’ compensation system and pursue the benefits they are owed. Schedule a time to discuss your legal rights and next steps by contacting us online or calling us today.