If you are currently receiving workers’ compensation, there are certain things that you should avoid doing. For example, don’t embellish what happened to you and never speak negatively about your employer.
Engaging in this kind of behavior can lead to a suspension of your claim. Here is some helpful advice when it comes to what you should avoid doing while on workers’ compensation.
Failing to Follow Your Doctor’s Recommendations
It is imperative that you follow your doctor’s advice. If your doctor recommends follow-up tests or physical therapy, you must comply even if you feel better. Although you may not currently be feeling symptoms, they could return and may even be worse than before if you discontinue treatment.
Failing to follow medical recommendations could result in your employer or the insurance company believing your workplace injuries are not as severe as you claim.
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Failing to Rest and Recuperate
It can be challenging to rest during your recovery. However, if you are caught doing manual labor or lifting heavy objects, the insurer might accuse you of falsifying your injuries.
Failing to Return to Work
At some point in your recovery, your doctor may recommend returning to work for light duty. If you fail to follow this advice, your employer may think you do not want to return to work. However, if you have genuine concerns about performing any of the duties you are asked to do, you should discuss this with your doctor. They may then make adjustments to their recommendations.
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Signing a Medical Authorization
In some instances, an insurance company may ask you to sign a medical authorization or give a recorded statement. You do not have to do so. Even if the insurance company tells you that it is policy and cannot proceed with your claim if you do not sign, there are no state mandates that require you to do so.
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What to Avoid If You Are Waiting for Approval
There are several things to avoid if you have not been approved for workers’ compensation benefits yet.
Failing to Report Your Accident
The most important step of the workers’ compensation process is to report your on-the-job illness or injury to your employer. You have within 90 days of your accident to report your injury to your employer, according to the South Carolina Workers’ Compensation Commission (SCWCC).
You can also read the guidelines in your employee manual. Follow them carefully. If the company you work for does not have an accident policy, you should let your employer, supervisors, and HR department know of your injury.
Failing to Present Your Full Medical History
When you talk to your doctor or referred specialist, always be clear and as detailed as possible about your medical history and the nature of your work-related injuries. This includes details of how you were hurt as well as the nature and extent of your injuries. Even if you have already done this, you should do it each time you see a different medical professional.
Exaggerating Your Symptoms
You may think that embellishing your symptoms will increase your chances of getting workers’ compensation, but this could jeopardize your claim. Most doctors are trained to spot exaggerated claims.
During your Independent Medical Exam (IME), the physician will give you a series of tests designed to assess your level of pain and discomfort. The best thing you can do is be honest about your symptoms so that you do not lose the compensation you deserve.
When You Should Hire a Workers’ Compensation Attorney
Workers’ compensation cases can become complex. If this is the case with your claim, you should consider legal help. Here are some instances when it would be wise to hire a lawyer to represent you:
- If your claim is denied
- If your workers’ compensation benefits have been delayed
- If your settlement does not fully cover your damages (e.g., medical expenses, lost wages)
- You are planning to file for disability benefits
- Your boss has discriminated against you for filing a workers’ compensation claim
- You were injured due to the actions of a third party, and you plan to file a lawsuit
An attorney will help you fill out all the necessary documents, gather the relevant evidence, and obtain the benefits you need. Your lawyer can advocate on your behalf and ensure all paperwork is filled out properly and filed within the allotted time.
Hammack Law Firm Can Help You with Your Workers’ Compensation Claim
The lawyers at Hammack Law Firm understand that when a dedicated employee works hard for their company, they should not have to pay out of pocket for an injury incurred at work. This is why we are dedicated to helping injured workers get the compensation they deserve so they can get back to work.
If you live in South Carolina and have a workers’ compensation claim, contact us at (864) 326-3333 to discuss your case during a free consultation. Our lawyers are ready to get to work on your claim today.
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