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Top Mistakes When Filing a Workers’ Comp Case

Workers' Comp Form is being filled.

Don’t Make the Following Mistakes in a  Workers’ Comp Claim

We all make mistakes, but when it occurs while filing a workers’ comp case, chances are your claim will be denied. If you are new to the field of workers’ compensation, it is easy to make these top mistakes. When that happens, an appeal can be filed, but that takes more time and energy than you might not have when your family is depending on you. Let’s review the top mistakes people make and how they can easily be corrected.

Not Letting the Employer Know About an Injury

The first mistake a worker makes when filing a workers’ comp case in South Carolina is to not provide the employer with notice that you were injured on the job. You have 90 days to do this without risking your benefits, but the sooner you let your employer know the better. However, in South Carolina, you do have up to two years to file your claim with the Workers’ Compensation Board. 

It is important that you report the injury directly by telling your supervisor, a company nurse or manager. The preferred method is to send a written note directly to your employer. The report should be accurate and include as many details as possible. 

A repetitive injury such as carpal tunnel syndrome or an occupational disease such as mesothelioma must be filed within two years. In repetitive injuries, there is some leeway in terms of the time limit within which you must file, and your injury lawyer will be able to explain the details and ensure you do not lose the ability to have your claim heard. 

Providing False Information In a Workers’ Comp Case

The priority many claimants fail to meet when filing a workers’ comp case is to provide all the information the WC Board needs. In addition, the information must be accurate and not misleading or false. If the information you provide is false, you may be subject to penalties and jail time. Even small changes in the way the accident occurred can cause the claimant to be ineligible for benefits.

Refusing to Follow Medical Advice

Another serious mistake occurs when a claimant refuses to follow medical advice. This serious refusal includes not going to doctor appointments, failing to attend physical therapy sessions or ignoring other prescribed recommendations. In fact, a claimant’s refusal to follow or obtain medical advice can raise the question of whether the accident is responsible for their condition. It also raises the question of whether a previous or subsequent injury is responsible for a claimant’s symptoms.

Dealing Directly With a Third-Party Administrator

In some cases, a third-party administrator reaches out to the injured party under the guise of investigating their workers’ comp case. The bottom line is they are usually working to reduce the employer’s financial responsibility. If you are required to discuss your case, give them the basic facts and refrain from adding personal comments such as talking about past injuries even if they seem interested in them. If possible, attend the meeting with your attorney.

How an Experienced Attorney Can Help

An experienced attorney will make sure your rights are protected and that you will receive the compensation you deserve. At Morris Law, our legal team has the experience in negotiating with third-party administrators and others as well as making sure your documents are filed correctly and in a timely fashion. Since each state has different requirements for filing a workers’ comp case, it is essential that nothing is ignored. We review your medical records to be alert for past injuries that may be a point of contention and have experts who will nullify the claim that the current injury is merely caused by a prior accident. By doing this, we help obtain your benefits quickly when you need them.

Morris Law Firm in the Myrtle Beach Area

Call Morris Law at (843) 232-0944, or contact us online to schedule a free case review. We will be able to answer your questions, review your claim and help you file. Don’t try to go it alone at this critical juncture. Give yourself time to heal, while we file your workers’ comp case.

MORRIS LAW FIRM - MYRTLE BEACH OFFICE

4589 Oleander Drive, Suite B
Myrtle Beach, SC 29577
(843) 232-0944

MORRIS LAW FIRM - MURRELLS OFFICE
11054 SC-707
Murrells Inlet, SC 29576
(843) 232-0944

Call us now for a FREE consultation!