5 Common Mistakes In Workers’ Compensation Cases

Workers' compensation suits paid out an average of $41,353 in 2019 -2020, depending on the severity and nature of the damage. However, some litigants relinquish or diminish their settlement by making unwise decisions. Avoid these 5 common mistakes in workers' compensation cases. 

1. Lack of Proof 

You need to be able to prove your case in order to receive compensation. You'll need to not only be able to prove your damages but also that your employer is responsible for those damages. Proof includes (but is not limited to) medical records, internal corporate communications, and video footage. 

2. Excessive Activity Online 

Social media is a great way for people to communicate and keep others updated on their lives. However, social media is easily accessible to everyone (even private accounts), including the defendants in your case. Be careful not to post anything online that can damage your case. For example, if you have photos of you performing in physically demanding sports, it can diminish your claim that you're unable to work.

3. Inconsistent Statements 

You will see the best results if you remain consistent throughout the duration of your case. Your statement should be the same for everyone involved in the incident, including your employer, doctor, and lawyers. To ensure you put yourself in the most advantageous position possible, talk to a lawyer immediately after the incident to go over the situation. 

4. Waiting Too Long to File a Claim

Your case has a statute of limitations, which is how long you have to file a claim. If you wait until after the statute of limitations, the court will likely dismiss the case. Even within the statute of limitations, it's best to file your claim as quickly after the incident as possible. The more time passes, the more difficult it will be to pinpoint the cause of your damage.

5. Not Hiring a Lawyer 

Some employees take the first offer the employer presents to them. However, oftentimes, this offer doesn't reflect the true value of the damage. A lawyer can assess the situation to provide a more accurate evaluation of the injuries before going into negotiations with the defendant's insurance company. The result is almost always more than the amount an employee can get on their own. 

If you were injured at work, get in contact with a workers' compensation lawyer right away. After your initial consultation, you'll have a better idea of how to move forward with your case. For more information, contact a workers' compensation lawyer near you.