Elements of Successful Workers’ Compensation Cases

Posted April 13th, 2021 by .

Categories: Workers Compensation.

Workers’ compensation benefits help injured workers get back on their feet by providing financial support during recovery. Without this system, many injured workers would crumble under the pressure of unpaid medical bills, lost income, and other losses. 

Even the simplest mistake can be costly in a workers’ compensation claim. In this article, we provide the key elements of successful workers’ compensation cases to help you make the most of your situation.

If you have sustained a work-related injury or illness, contact a North Bergen Personal Injury Attorney today to discuss your rights.

Early Reporting

The most successful workers’ compensation claims are often the ones reported as early as possible. This is because every state imposes a deadline or statute of limitations filers must abide by. If you fail to report your work-related injury or illness to your employer before this deadline, your claim will be automatically thrown out. Additionally, filing your claim early allows you to collect evidence while it is still viable.

Prompt Medical Attention

Seeking prompt medical attention increases your chances of recovery and protects the validity of your claim by documenting your injuries and treatment, which will also help to prove your losses. If there is a delay in seeking treatment, most insurance adjusters will usually argue that you were not seriously injured or that your injury was not work-related.

Second Medical Opinion

Depending on the state you live in, you may be required to receive treatment from a doctor chosen by your employer or their insurer. This often creates a conflict of interest as the doctor is paid by the insurance company and may not have your best interests in mind.

If you are required to see a doctor appointed by your employer, always explore the option of seeking a second opinion. Doing so will ensure you are receiving the right treatment for your injuries.

Medical Records

Insurance companies will usually go to great lengths to reduce or terminate your workers’ compensation claim. This is why it is in your best interest to maintain proper medical records of your diagnosis, treatment, and prognosis. Besides these documents, you can also file:

  • Work restriction papers
  • All letters exchanged with your employer or the insurance company
  • Accident reports
  • Receipts

Legal Representation

Some workers’ compensation claims can be straightforward enough that you don’t need to hire an attorney. However, cases can also pose a challenge, especially if you are unfamiliar with the workers’ compensation system and are working with insurance companies.

As a rule of thumb, always consult an attorney following a work injury to learn whether you need to hire legal representation. You should also consider getting an attorney if your claim is reduced, denied, or ignored.

Talk to a North Bergen Personal Injury Attorney

Everything you do and say after a work-related accident will play a role in determining whether you receive benefits. These elements of successful workers’ compensation cases can help ensure you don’t lose your claim to simple mistakes.

Anthony Carbone, an experienced North Bergen Personal Injury Attorney, has been fighting for the rights of injured workers in North Bergen for over 30 years. Contact the Law Offices of Anthony Carbone at 201-733-2230 to schedule a consultation.

Call Today! (201) 963-6000

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