Every year, injured workers lose out on the benefits they deserve because of things that occur in the days and weeks after a workplace accident or occupational injury. Claims adjusters look for reasons to deny, delay, or reduce. Unfortunately, that includes legitimate claims because they were not handled correctly from the start. Knowing what not to do after a workplace injury can mean the difference between a claim that is conceded and paid or one that is denied in whole or in part.
Failure to promptly report an injury is one of the most common mistakes injured workers make. Under Wisconsin law, employees must report their injuries as soon as possible, even if they think the injury is minor or the symptoms will go away. Failure to report your injuries right away can result in denial of your claim.
Injured workers often underestimate the importance of the initial description of their injuries. Later, when faced with lost wages and unpaid medical bills, they try to correct their statement, but their claims are denied because of inaccuracies or minimization of the injury in the initial report. A specific, detailed description of the injury and how it happened – including the work activities over time that led to the injury, if it was an occupational injury – helps connect your medical condition to your job. The more precisely those descriptions are provided and description of symptoms before the injury versus after, the more likely the claim will be approved.
Wisconsin worker’s compensation law requires that injured workers reasonably undertake reasonable treatment recommended by their healthcare providers. Failure to follow medical advice or missing appointments can lead to a reduction in benefits or denial of your claim. Wisconsin worker’s compensation law does not obligate you to undertake surgery, but you should have a reasonable basis for refusal if surgery is recommended.
Some medical providers only document the symptoms, how long they have been occurring, diagnosis, and treatment plan. What is missing is the how and why, even if you verbally discuss it during the appointment. Insist that your medical provider include in your chart that it was a work injury and how it occurred, including your work activities if it was an injury that occurred over time.
Be cautious about what you post on social media. Adjusters can monitor a claimant’s social media profile for evidence that could be used against them. Avoid posting photos that could suggest you are not as injured as you claim to be.
Many injured workers take what the claims adjuster, nurse case manager, or employer say at face value, particularly when it comes to the treatment you are “allowed” to have and what they “want” you to do. Injured Wisconsin workers should follow their treating doctors’ recommendations without insurer or employer influence. Wisconsin worker’s compensation law specifies that unless the insurer or employer has a facially valid defense to benefits, worker’s compensation benefits are due. An employer saying that they want you to return to work on a given date, or a claims adjuster encouraging more lenient work restrictions or directing your medical care, does not have a basis in Wisconsin’s law if your treating doctors disagree. If there is a disagreement between your treating doctors and the insurance company doctors, you should consider contacting a Wisconsin worker’s compensation attorney.
The Wisconsin worker’s compensation system can be complicated, and claims adjusters will look for opportunities to deny or reduce the value of your claim. Kingree Law Firm is a premier worker’s compensation law firm in Wisconsin. Our team of skilled and experienced worker’s compensation attorneys exclusively represents injured workers in claims for worker’s compensation benefits. We primarily represent injured workers outside the Milwaukee area and have earned a reputation as one of the top worker’s compensation law firms in the state. We will protect your rights and fight to ensure you receive the benefits you deserve.
If you experienced a workplace accident or suffered an occupational injury that caused significant lost time from work, permanent disability, permanent wage loss, or if your claim for worker’s compensation benefits was denied, contact Kingree Law Firm today to schedule an appointment to discuss your situation and how we can assist you.
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