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5 Common Mistakes Workers Make When Filing a Compensation Claim Without a Lawyer

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.


1. Failing To Report Your Injury

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.


2. Failing To Document the Evidence

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. 


3. Prioritizing Insurance Companies Over Lawyers

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.


4. Not Seeking Prompt Medical Treatment

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.


5. Lying About Your Injuries

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.


Final Word

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.

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