Workplace injuries happen all too often. According to the Georgia State Board of Workers’ Compensation, over 27,000 indemnity claims were filed in 2023 alone. While workers’ comp provides critical medical and financial benefits to those injured on the job, the application process is not always straightforward, and errors can happen. This article looks closely at common mistakes to avoid when filing a claim and how an experienced lawyer can help.
Mistake #1: Not Reporting the Injury on Time
You’re required to report your injury to your employer within 30 days. Reporting an injury right away creates an official record and makes it easier to prove that your subsequent impairment is work-related. Waiting too long, which is one of the biggest mistakes, can make insurers question the timing and cause of your injury, possibly leading to a claim denial.
To protect yourself, always report any job-related injuries immediately, even if they seem minor. Document the details in writing and keep a copy for your records. For example, if you twist your ankle at work but don’t think it’s severe, it’s still wise to report it and get medical attention if the pain worsens over time. Quick reporting gives you a solid foundation for a successful claim.
Mistake #2: Choosing the Wrong Medical Provider
In Georgia, you must select an authorized doctor from a list provided by your employer. If you visit a medical professional outside of this approved panel, your workers’ compensation claim may not cover the costs, leaving you responsible for medical bills. Using an authorized provider ensures that your treatment is covered and provides the medical documentation essential for your claim.
Before seeking treatment, ask your employer for their list of approved providers, sometimes called the “panel of physicians.” If you can’t find this list at your workplace, reach out to HR. For instance, if you hurt your back while lifting at work but see your family doctor instead of one on the employer’s list, your treatment may not be covered. To avoid complications, confirm that your doctor is on the list before scheduling an appointment.
Mistake #3: Skipping Doctor’s Orders or Appointments
Once you begin treatment, follow your doctor’s orders to the letter and attend all appointments. Insurance companies monitor your commitment to recovery very closely, and missing appointments or disregarding medical advice can weaken your application for workers’ compensation benefits. They may assume you’re not as injured as you say you are, which could lead to reduced benefits or a denied claim.
Sticking to your treatment plan shows insurers that you’re taking your recovery seriously and that your work-related injury is valid. For instance, if your doctor recommends physical therapy, make sure you attend each session. If any issues arise, be sure to communicate them to your doctor.
Mistake #4: Not Keeping Thorough Documentation
Keeping organized records is crucial for a successful workers’ comp claim. Detailed records of your injury, medical expenses, and time off work can all strengthen your case and provide evidence if there’s a dispute. For this reason, create a dedicated folder (either digital or physical) for your workers’ comp paperwork, including all medical bills, treatment records, work restrictions, and correspondence with your employer.
Mistake #5: Talking Too Freely About the Case
Casual conversations about your injury with coworkers or on social media can backfire. This is because insurance companies may investigate your social media profiles or speak with colleagues to learn more about what happened, and a simple statement like “I feel better” can be taken out of context to downplay your injury.
To protect your case, limit discussions about your injury to your lawyer, doctor, and insurance adjuster. You should also avoid posting about your work-related accident or personal activities on social media, as insurers may misinterpret even innocent posts. For example, if you post about going for a short walk, your insurance company may see it as proof that you are exaggerating a catastrophic injury. To prevent these misunderstandings, keep your case private.
Mistake #6: Misunderstanding Temporary Partial Disability (TPD) Benefits
Temporary Partial Disability (TPD) benefits help cover wage differences if you’re able to work in a reduced role or part-time while recovering. Many injured workers misunderstand how TPD benefits work, potentially leaving money on the table.
These workers’ comp benefits are designed to bridge the gap between your old wages and your earnings in a new, reduced-capacity role. Not understanding how to apply for TPD benefits or failing to document your reduced income accurately could mean missing out on the fair compensation you deserve. To make sure you receive the correct benefits, speak with your workers’ compensation lawyer and keep detailed records of your income while you’re working light-duty or part-time.
Mistake #7: Waiting Too Long to Get Legal Representation
Some workers wait until their claim is denied or they run into issues before consulting a lawyer. Getting legal advice early can help you avoid mistakes and ensure you understand what benefits you may be entitled to and how to qualify for them.
When you work with a workers’ compensation lawyer, you’ll know what to expect. You’ll also have the legal support you need if disputes arise or you have to appeal a denied claim, which happens more often than you might think. Since many workers’ comp lawyers offer free initial consultations, it’s often worth getting professional guidance as early as possible to avoid mistakes and stay informed about your rights.
Mistake #8: Not Communicating Work Restrictions to Your Employer
If your doctor provides work restrictions, such as limits on lifting or required rest breaks, you need to share these with your employer. Employers are required to honor your medical restrictions, but if they’re unaware of them, they can’t accommodate you properly, and you may end up worsening your condition.
Clearly communicating these restrictions also protects you legally, in case any issues arise. When sharing these details with your employer after a workplace accident, do so in writing and keep a copy of the communication. Documenting your restrictions eliminates confusion and strengthens your case if complications do occur.
Mistake #9: Missing Deadlines
Workers’ comp claims have firm deadlines, and missing them can jeopardize your benefits. To keep track, mark important dates on a calendar or set reminders.
Generally, in Georgia, you have one year from the date of the injury to file a formal claim with the Workers’ Compensation Board, but individual steps may have shorter deadlines. There are some exceptions, but you do not want to risk missing a deadline and losing your rights. Work closely with your lawyer to make sure you meet every deadline and keep your case moving forward.
Mistake #10: Returning to Work Too Soon
While it’s important to get back to work eventually, returning before you’re fully healed can risk your health and affect your benefits. Insurers may interpret an early return as a sign that your injury isn’t as serious as you claimed, which could lead to a reduction or loss of compensation. Let your lawyer know if you feel pressured to return to work too soon, as they can help communicate your situation to your employer.
How Can a Georgia Workers’ Compensation Attorney Help?
If you’re filing a workers’ compensation claim in Georgia, an attorney can make a difference in your case. From understanding your options to handling disputes with insurers, an experienced workers’ compensation attorney can provide the support and guidance you need to support a successful claim.
Gathering Essential Documentation
Strong documentation is critical in a workers’ comp case. An experienced work injury attorney can help you organize key records such as medical care bills, treatment plans, income statements, and any reports related to the injury. They’ll also guide you in collecting evidence so that all documents are complete and submitted on time.
Handling Communication with Insurance Companies
Dealing with insurance companies can be challenging, as they may try to minimize payouts or even deny claims. Your attorney will communicate directly with the insurer, handling negotiations and addressing any issues that arise. With an attorney by your side, you’ll have an advocate to push back against tactics (e.g. claiming that you have a pre-existing condition) that could otherwise lead to reduced benefits.
Making Sure Deadlines Are Met
Missing deadlines can cause significant setbacks in a workers’ comp claim. An attorney keeps track of every deadline and confirms that paperwork, appeals, and other submissions are handled on time. With their support, you’ll avoid the expensive consequences of missed deadlines and keep your claim on track.
Assisting with Disputed or Denied Claims
If your claim is denied, an attorney can help you appeal the decision and build a strong case to improve your chances of approval. They’ll review why the claim was denied, gather additional evidence, and advocate for you in hearings or negotiations with the insurance company. In disputed claims, they can also help resolve issues quickly.
Maximizing Your Benefits
An experienced workers’ comp attorney can help maximize the benefits you receive. They understand how different aspects of the law apply to your case and can spot additional benefits or compensation you may not be aware of. By calculating lost wages, medical treatment expenses, and long-term care needs accurately, they’ll help you secure the full amount you’re entitled to.
Advising on Return-to-Work Concerns
When it’s time to return to work, an attorney can guide you on how to do so without jeopardizing your benefits or your health. They’ll help you understand any work restrictions or accommodations recommended by your doctor and make sure your employer respects these limits. If you’re pressured to return to work too soon, your attorney will advocate for you to avoid compromising your recovery.
Questions About Filing a Claim? Speak to a Workers’ Comp Attorney Today
Filing a workers’ comp claim in Georgia is manageable if you know what to avoid. By steering clear of these common mistakes and consulting a professional early on, you can secure your benefits and protect your well-being. If you need help with your claim, the team at Perkins Studdard is here for you: contact us today for a free consultation, and let us help you recover from your injury with confidence.
