Common Mistakes to Avoid When Filing Your Workers’ Compensation Claim
Workers’ compensation provides essential benefits to employees who suffer an on-the-job injury in Oklahoma. When an injury requires medical treatment and interferes with the ability to work, workers’ compensation pays for medical care, provides a portion of income, and pays settlements for disability or to family members in the event of a workplace fatality. Unfortunately, workers’ compensation sometimes denies valid claims due to mistakes, filing errors, and oversights.
Seeking the help of an Oklahoma City workers’ compensation attorney can help you avoid common mistakes and maximize your chances of a successful workers’ comp claim in Oklahoma.
Failing to Seek Medical Treatment Immediately After the Injury
It’s important to seek medical treatment as soon as possible after a workplace injury, not only to receive the critical care you need for an emergency injury, but also to provide evidence that the injury occurred in the workplace. Going directly to the hospital or urgent care center from the workplace provides the most compelling evidence that the injury occurred during your work duties.
After a claim approval, workers’ compensation repays the cost of emergency treatment and also covers medical treatment, necessary procedures, and rehabilitation through medical providers on an employer’s approved list of providers. Failing to receive medical treatment soon after the injury leaves the injury victim responsible for proving that the injury occurred at work.
Failing to Report the Injury to a Supervisor and Employer
Under Oklahoma 2-CO-1C-05, workers’ compensation requires an injured employee to first report the injury to an immediate supervisor by the end of the shift or workday. Then, the injured employee must report the injury to their employer in writing within 30 days of the incident.
Workers’ compensation provides forms for informing an employer, which include spaces for identification and details of the accident or incident that caused the injury. By failing to report the injury within the deadline, an injury victim gives up the presumption of truth and must then provide compelling evidence showing that the injury is work-related.
Failing to File a Workers’ Compensation Claim Within One Year of the Injury Date
Oklahoma allows workplace injury victims up to one year after an injury to file a claim for workers’ compensation. If they miss this deadline, workers’ compensation may deny the claim. In this case, an injury victim must file an appeal and provide evidence that their injury occurred at work or during their work duties.
Failing to See a Medical Provider From an Employer’s List
It’s not necessary to check an employer’s list to receive emergency treatment for a serious or life-threatening injury. Workers’ compensation pays for emergency medical treatment from any medical facility.
For further medical care, surgeries, rehabilitation, or other necessary procedures, an injured employee must receive care through their employer’s approved provider list; otherwise, workers’ compensation will not pay for the medical treatment.
Ignoring Medical Advice and Missing Appointments
After a workplace injury, it’s crucial to follow your doctor’s treatment recommendations carefully, attend every appointment, and fill every prescription. Otherwise, workers’ compensation may deny your claim based on your indication that your medical care wasn’t necessary or that you didn’t take measures to improve the prognosis. It’s important to report every symptom to your doctor to ensure that the impact of the injury is well-documented.
Failing to Follow Work Restrictions
Workers’ compensation may deny benefits if an employee returns to work before being cleared for duty, refuses a doctor’s clearance for light-duty work, or takes a secondary work position with responsibilities that exceed the doctor’s recommended activity level for the injury.
Not Hiring a Workers’ Compensation Attorney
Hiring an Oklahoma City workers’ compensation lawyer maximizes the amount you recover from a workers’ comp claim. An attorney also helps you avoid costly errors, such as settling for an early compensation offer for less than the maximum available to you.
An experienced workers’ comp attorney may also assist you in recovering additional compensation through a third-party claim when possible, for instance, if a contractor, a driver, or another non-employer caused or contributed to the injury. Third-party claims allow an injury victim to recover compensation for non-economic damages like pain and suffering, which isn’t available through workers’ compensation in Oklahoma.
If you’ve been injured on the job, don’t navigate the workers’ compensation process alone. Contact Dan Davis Law at (405) 930-4210 for guidance and a free consultation from an experienced workers’ compensation attorney in Oklahoma City.