If you have been in an accident while performing your job duties, you may be to take advantage of the benefits that workers’ compensation offers. But, if you want to take up a case against your boss, you need to be aware of the steps you should take to successfully defend your case. A single mistake on your part may ruin your case; however, a Virginia Beach workers’ compensation attorney can advise you on the things you should avoid. They will help you understand every option you have and offer perspectives on your case. Your attorney will ensure you avoid the common mistakes that others make such as the following:
Waiting Too Long Before Filing a Claim
The state of Virginia sets the statute of limitations for filing an initial workers’ comp claim for benefits to two years from the date of your accident or injury. A late filing could cost you the claim, so make sure to act fast.
Failing to Get a Medical Evaluation
Because of confusion and shock, you may feel fine and decide not to go to the hospital or see a doctor. But, even if you don’t feel injured, you still have to get yourself checked by a doctor as soon as possible. You need your doctor to document your injury, symptoms, and treatment plan because you will need this documentation to support your claim later. Your workers’ comp case will only produce positive results if you have proof that a work-related accident occurred and this accident caused your injury. Your doctor determines if there is an actual injury suffered.
Not Reporting Your Injury to Your Employer
To get your workers’ compensation claim going, you need to submit a written report of your injury to your boss. You usually have thirty days to submit a report. But, don’t wait until you only have a few days to do so.
Authorizing the Insurance Company to Release Your Medical Records
Insurance companies will usually request you to sign a medical authorization that lets them pull out your medical records and medical history. The insurance claims adjuster may use your authorization to get all of your medical records, including those that have nothing to do with your injury. If you have past records of injury or sickness, they may link that to your current condition. Thankfully, a workers’ comp attorney can protect your privacy and ensure only related records will be released.
