Avoid These Costly Mistakes in Your Workers' Comp Claim

A valid workers’ compensation claim can still run into trouble when an injured worker makes an avoidable mistake. Insurers watch for these missteps, and a few of them come up again and again. Knowing what they are is the easiest way to keep your claim on solid footing.

Mistakes That Can Cost You

• Reporting late. Illinois generally requires notice to your employer within 45 days. Waiting gives the insurer room to question whether the injury really happened at work. Report promptly and in writing.
• Skipping or delaying treatment. Gaps in medical care are one of the first things an insurer points to when arguing that your injury is minor or already healed. Keep your appointments and follow your doctor’s plan.
• Posting on social media. A photo of you at a family barbecue or a weekend outing can be twisted to suggest you are not really hurt, even when the image tells you nothing about your pain. Assume the insurer is watching.
• Giving a recorded statement. Insurers often request a recorded statement early, when you are stressed and may not fully understand your injuries. What you say can be used to minimize your claim. You are usually not required to give one without advice.
• Returning to work too soon. Going back before your doctor clears you, or ignoring your restrictions to prove you are tough, can worsen your injury and undercut your benefits.

Why These Mistakes Matter So Much

Workers’ compensation is a no-fault system, so you do not have to prove your employer did anything wrong. But that does not mean the insurer simply pays. It looks for reasons to reduce or deny benefits, and the mistakes above hand it those reasons. Protecting your claim is largely about not giving the other side ammunition.

The good news is that most of these problems are preventable, and some can be managed even after they happen. If you are unsure how to handle a recorded statement request, a return-to-work order, or any part of your claim, we offer a free consultation and can help you avoid the pitfalls before they cost you.