Filing a personal injury claim is
something we hope we never have to do. But as the saying goes, there’s no
telling what the future holds.
You could be going about your normal
workplace routines when you suddenly miss a step-down unguarded stair and break
a rib. Or perhaps a piece of a rotary machine rips off the equipment and comes
flying right in your direction, ripping a pound of flesh from your forearm.
Both scenarios would warrant filing a
compensation claim. And since the chances of being awarded full damages depend
on how fast you act, you may be tempted to initiate the process before
contacting an attorney. Wrong move.
In this post, we shall highlight the top five mistakes you’re likely to make when filing a compensation claim without engaging a lawyer.
It’s impossible to be compensated for
workplace negligence if no injury was reported in the first place. Therefore,
the first thing to do after sustaining a work-related injury is to notify your
employer or line supervisor.
It doesn’t matter if your employer
was on site and actually witnessed the accident or learned about it from your
colleagues. Filing an official report with them is a standard procedure to
kick-start the claims process.
An experienced Workmans
comp lawyer will
recommend notifying your boss of a workplace injury before seeking medical
attention. However, certain exceptional circumstances may necessitate a visit
to a healthcare facility before formally bringing the matter to your employer’s
attention.
For instance, you were suddenly taken
ill over the weekend and sought medical treatment. Upon diagnosis, it emerges
that your condition resulted from inhaling toxic gasses at the workplace.
After notifying your employer that
you’ve sustained an injury at work, securing the accident scene and documenting
crucial evidence is the next logical thing to do.
It’s a no-brainer that you’ll require
solid proof of injury to qualify for any work-related damages. So, grab your
smartphone and take clear photos of the accident scene.
If you’re incapacitated, you can
enlist the assistance of a coworker. Just ensure the evidence is collected
using your device.
Consider taking both photo and video
evidence. More importantly, ensure the footage captures both the accident and
resulting injuries. Simply recording a collapsed escalator may not earn you
compensation if the incident cannot be matched with any injuries at the time of
occurrence.
It would be even better if you could get some witness statements.
Most workplaces are covered by employer’s liability insurance, which pays for damages if you sue your
employer for a work-related injury or illness. So, it may be intuitive to
contact your insurance company before engaging a personal injury lawyer.
Sadly, insurance companies seldom
have their clients’ best interests at heart.
The firm may negotiate a lower
settlement and try to finalize the claims process before you can pursue further
legal action. They might go as far as dissuade you from engaging a personal
injury lawyer, asserting that the attorney will only complicate things.
Now, it’s true that personal injury lawyers charge a small percentage in legal fees. However, the commission may be insignificant when you consider that the attorney will help negotiate the maximum compensation.
A doctor’s diagnosis and treatment
are critical when filing a workplace injury claims form. That underscores the
significance of seeking medical attention as soon as possible.
Get to a hospital straight away and
inform the doctor that you’ve been injured or fell ill from a work-related
incident. The physician will analyze your case and develop a comprehensive
medical report, which will come in handy while negotiating with your employer’s
insurance company for damages.
While recounting the occurrence, be
sure to produce the captured evidence. Such proof can help your doctor
construct a more accurate medical analysis and recommend proper treatment,
especially in the case of internal injuries.
Remember to preserve all medical
statements too. That includes diagnostic reports and treatment costs. Again,
you’ll require these to negotiate fair compensation.
The promise of a hefty compensation
may have you overembellish your injuries while filing a workplace injury claims
form. You might be incentivized further by the fact that you’ve been
considering quitting your job or are having a strained relationship with your
employer.
Now, it’s only human to exaggerate
the scope of our injuries or illnesses. In fact, while adjudicating a similar
matter pitting an Ontario employer and their employee, an arbitrator determined that an
employee who exaggerated their disability probably deserved a disciplinary
action but certainly not a dismissal.
However, this only makes sense if
it’s a spur-of-the-moment decision triggered by the emotional trauma from a
workplace incident. Telling outright lies could be tantamount to fraud,
especially if it involves falsifying medical reports.
Do not understate your injuries either. The trick is to be as truthful as possible.
The significance of contacting an
attorney before filing a worker’s compensation claim cannot be emphasized
enough. However, perhaps we should equally underscore the importance of working
with a lawyer throughout the entire claims process rather than merely seeking
their assistance with paperwork.
Letting a personal injury lawyer
handle the entire process improves the odds of being awarded your just damages.
Besides, the attorney can provide the much-required legal representation if you
opt to sue your employer for gross negligence or uncooperativeness.