7 Things Not To Do While On Workers’ Comp

Many people don’t like to be sick or hurt, or they want to be stoic and not show pain–even to their medical care providers.

Unfortunately, if the severity of your injuries is not properly documented and if you do not have clear evidence of how your life and ability to work has been affected, you could receive much less compensation for your work injuries. You could even be forced back to work before you are truly ready.

To avoid this, be sure you explain all your symptoms to your care providers and be sure that you document any pain or discomfort that limits your activities or affects your quality of life.

State rules vary, but in some cases you may have to start out getting treatment from an approved doctor that is on a list of providers chosen by your employer or insurer.

In most cases, though, you do eventually have the option to switch care providers. However, you need to find out what the rules are where you live and what the process is for making a change.

A doctor chosen and paid by the insurance company may have a conflict of interest, as the insurer’s goal is to pay out as little as possible after a work injury. You need to make sure you are getting the very best medical help offered by a professional who treats you as their first priority and not the insurer who is paying them.

As soon as possible after you are injured, ask about the process for visiting a doctor of your choosing while still maintaining your benefits.

You need to comply with the treatment plan and follow your doctor’s orders after a work injury. Otherwise, your workers’ compensation benefits could be suspended, your claim could be denied and/or your workers’ comp settlement could be jeopardized.

There may occasionally be a time when you need to reschedule an appointment if an emergency happens. If so, make up the appointment as soon as possible–and don’t make a habit of this practice.

Workers’ comp insurers often look for excuses to deny a claim, to suspend benefits or to avoid offering a fair amount of settlement money. If you’re posting on social media about feeling good, have pictures showing that you are attending parties or other events or performing activities that put your injury into question, it’s possible an insurer could use this as evidence you aren’t as badly hurt as you claim.

Try to stay off social media and avoid posting any personal updates or details that could affect your claim. If you have friends or loved ones who use social media regularly, consider asking them not to tag you or include you in pictures or mentions as a workers’ comp insurer could potentially seek out this type of data as well.

Sometimes, workers’ compensation insurers suspect you’re exaggerating your injuries or even committing fraud. They may put you under surveillance to determine if that’s the case.

Unfortunately, sometimes this surveillance can paint a picture that isn’t quite accurate. For example, if you’re seen on a ladder putting up holiday lights when you’re supposed to be laid-up with a bad back, this could jeopardize your claim–even if you climbed up only for a second after taking a bunch of painkillers.

To avoid jeopardizing your case, steer clear of doing any activities that could appear on surveillance that might jeopardize your right to obtain benefits for your work-related injuries.

If your doctor clears you to go back to work on restricted capacity or to perform light duty work, you need to listen to them and do it–or you need to get another opinion and appeal this decision if you truly feel you cannot return to work.

Failure to get back on the job when you are cleared to do so can potentially jeopardize the ongoing payment of your benefits or affect your ability to negotiate or be awarded a workers’ comp settlement.

You may be offered a settlement to resolve your workers’ comp claim. This could come as a single lump sum payment or as a structured settlement. Either way, if you accept, it would generally mean giving up your right to collect any further money related to your work injury from your employer or from their workers’ comp insurer.

This is a big decision and it can be a huge mistake to accept a settlement without first speaking to a lawyer for advice. You don’t want to jeopardize your ability to get the full amount of compensation you deserve, so you should reach out to a workers’ comp attorney before you sign any documents.

In fact, it can be a good idea to connect with an attorney early on during the workers’ comp claims process even if you are not yet thinking about settling. An attorney can help you to better understand what not to do while on workers’ comp and can work with you to make sure you protect your rights throughout the entire claims process. This will maximize the chances you get the full work-injury benefits that you need and deserve.