In the Official Blog of the U.S. Department of Labor, Hilda Solis writes that every year, 3.3 million people suffer injuries on the job. Some of these people may never recover from their injuries. Solis explains that these are “preventable tragedies that disable our workers, devastate our families, and damage our economy.”
If you have been injured on the job, it is important to understand that employers are required to have workers’ compensation insurance to protect their workers from injuries suffered while on the job. However, not all workers understand the process involved in filing a workers’ compensation claim and sometimes mistakes made when filing can lead to the worker failing to receive the maximum possible benefit. The following are five of the top mistakes Minnesota workers make when filing their workers’ compensation claims.
- Failure to report the injury to the employer. The Minnesota Department of Labor & Industry provides a flow chart outlining the steps an injured worker should take in order to file a workers’ compensation claim. The first step on this flow chart asks the employee to notify the employer that an injury has taken place. Once your employer is notified, they will be able to provide more information about how you can utilize workers’ compensation to receive reimbursement or compensation for your injuries. The employer will also be required to contact their workers’ compensation insurer so that you can receive benefits.
- Using your own private health insurance instead of letting your employer’s workers’ compensation insurance pay. Unfortunately, some employers will try to convince their workers to use their own health insurance to treat their injuries rather than using the employer’s workers’ compensation insurance. Many private health insurance companies do not provide the same comprehensive coverage that workers’ compensation insurance provides. You also may be forced to pay deductibles for which you should not be responsible. Employers sometimes do not want to face higher insurance rates by making a claim. Don’t be convinced to use your own insurance.
- Failure to create a proper medical record of your injury. It is important that when you go to the hospital or to your doctor that you inform your doctor that your injury took place while you were at work. Having a proper medical record that documents where, how, and when your injury took place will make it easier for you to make a proper workers’ compensation claim later. If the injury leads to later disability, having this initial record will be paramount to helping you make your case.
- Working through sickness or injury or not making a workers’ compensation claim when you miss no time on the job. Following a workplace injury, it is important to follow your doctor’s advice regarding taking time off and getting rest. Employees are sometimes scared that they will lose their jobs if they do not work following an injury. Even if you continue to work and can work, you may be entitled to important medical benefits, rehab care, and other workers’ compensation benefits.
- You don’t report a workers’ compensation claim because you had a prior medical condition. You may be entitled to workers’ compensation benefits if your job caused a prior condition to become worse.
In order to avoid these errors in filing a workers’ compensation claim, many employees seek the advice of a personal injury lawyer.
If your workers’ compensation claim was denied, you need a personal injury lawyer in Minneapolis, Minnesota who can help you dispute a denied claim. The Law Office of Martin Montilino has been serving clients for over two decades and has helped them to receive the maximum money allowed under workers’ compensation. Visit https://www.martinmontilino.com for a free consultation.
Need help with building a successful case for claiming workers’ compensation in Portland, OR? It might be a good idea to talk with experienced lawyers at Jodie Ann Phillips Polich, P.C. to guide through you this often complex process.