Common Mistakes When Filing Workers’ Compensation Claims

Serving South Shore and All of Massachusetts

Filing a workers’ compensation claim can be a tricky process if you are not familiar with workers’ comp law. There are complexities that can make or break your claim. If you want to make sure you get the maximum possible benefits, avoid some of the most common mistakes listed below and speak with an experienced workers’ comp lawyer to help guide you through the process.

Mistake #1: You don’t report your injury to your employer.

Failing to report your injury to your employer is one of the most common mistakes when filing a workers’ compensation claim. Since Massachusetts’s law states that your employer must notify their insurance company about your injury to get the workers’ comp process started, you need to notify your employer in writing as soon as possible. Write a full, accurate, and prompt letter to your employer regarding the accident to avoid this mistake and get the ball rolling on your claim.

Warning: Do not assume that your employer is aware of your injury even if you think he or she knows. You must still inform your employer in writing for the claim process to begin.

Mistake #2: You don’t report your injury because you don’t think you have a workers’ compensation claim.

Workplace injuries that qualify for workers’ compensation don’t just include sudden and life-changing injuries. In fact, a common on-the-job injury that often goes unreported is carpal tunnel syndrome, which is a repetitive stress injury that develops over time. Many employees think that such an injury does not qualify because there is no specific accident that caused it. However, under Massachusetts’s workers’ comp law, you may be entitled to benefits for repetitive stress injuries that occur over a period of months or years. Several neck and back injuries also fall into this category. Avoid this mistake by reporting your injury even if you don’t think it’s work-related.

Mistake #3: You don’t report your injury because you haven’t missed any time at work.

Many people have the misconception that they only qualify for workers’ comp if they miss days of work due to their injury. However, this is not the case. In Massachusetts, you are still entitled to medical coverage even if you remain at work. You can still get paid for prescription medicines, travel expenses to and from the doctor, and other medical expenses. Avoid this mistake by reporting your injury even if you can still come into work.

Mistake #4: You don’t report your injury because you think your health insurance will cover the expenses.

It may seem easier to just let your health insurance take care of your expenses. Unfortunately, however, this is not the best idea. Your health insurance may not cover all of your expenses and you may have to take care of deductibles and co-pays out-of-pocket. You will also not receive disability benefits or travel expenses and there are often coverage caps. With workers’ compensation, on the other hand, you will have 100% of your medical expenses covered to include mileage and disability benefits. Avoid this mistake by reporting your workplace injuries directly to your employer, even if you think your health insurance could potentially cover your expenses.

Contact Our Massachusetts Workers’ Comp Lawyers

If you’ve been injured in a workplace accident, contact one of our lawyers at Powers & Caccavale to receive personalized attention and a legal strategy tailored to get you the maximum possible workers’ comp benefits.

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