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Mistakes You Must Avoid Making With Your Worker’s Compensation Case


MISTAKESIt is normal to feel angry and resentful if you have been injured at work. Instead of being overwhelmed by these emotions, which can be draining, you can take steps to help your Workers Compensation case. 

Take a look at the mistakes people make with their Worker’s Compensation cases below so that you can avoid running into the same issues:


Not Having A Certifying Doctor


Not having a doctor certify your injuries can determine how long can a worker’s comp claim stay open. If you don’t seek treatment, the employer and insurance carrier will use the fact that you are not seeking treatment against you. They will presume that you are not that injured if you don’t feel the need to seek medical attention.


Normally, your attorney will refer you to a doctor to treat with in order to certify your disability. A doctor who certifies your disability does two things for your case: first off, it shows the employer and insurance carrier that you are, in fact, injured and serious about seeking treatment for your disabilities. Secondly, a certifying doctor makes you eligible for temporary disability benefits. Once you have a certifying doctor, you can collect disability from the employment development department if the insurance company continues denying your claim. Seeking treatment by a doctor is crucial and beneficial to your case especially if you are out of work, as you will receive 2/3 of your pay on temporary disability.


Not Doing As The Doctor Says


It is crucial to do exactly as the doctor orders. The doctor you are treating with may take you off of work or may tell you to return to work on modified duty or work restrictions. This means that the doctor may order you to not lift over 10 pounds at work or reach above the shoulder if you have a shoulder or back injury. It is important to adhere to the restrictions in and outside of work in order to get better. Also, in some cases, insurance companies hire surveillance companies to follow you around and make sure you are adhering to your restrictions and ensure that there is not some other cause for your injuries. For example, if you claim you cannot lift the 10-pound boxes anymore at work due to your injuries at work but you are caught on surveillance lifting furniture after work, the employer and the insurance carrier will use this fact against you to bring your credibility into question, which may harm your case.



That’s right. No matter how straightforward you think your case is, it is in your best interest to seek legal representation. An attorney will not be able to tell you exactly how long a worker’s comp can stay open but they will be able to provide reasonable estimates depending on the certain facts of your case. It is important to note that things can get delayed based on the no-fault of your attorney. For example, sometimes doctors become unavailable and it may take a while before parties are able to obtain a new one or a doctor may take longer to produce a report. These delays are more likely especially due to covid-19 as parties and companies are backed up due to evolving programs and systems.


Obtaining legal representation is the right step forward because an attorney can act on your behalf to get things moving faster. Additionally, an attorney will make sure that your rights are always protected through the delays. There are many nuances in workers comp law that a well-versed workers compensation attorney will be able to notice right off the bat over a layperson. An attorney will take care of all of the paperwork and provide guidance so that an applicant can recover maximum compensation.


Missing Doctor Appointments


You may think to yourself, “what will a few missed doctor’s appointments do?” Well, the answer is it may hurt or potentially ruin your case. When you miss doctor’s appointments, your employer may claim that you are well, which is why you are not seeing the doctor. Additionally, if you are not going to the doctor, there will be no doctor certifying your disability, thus, you will effectively cut your temporary disability benefits.


Not Collecting Evidence


This is another mistake you ought not to make when you are fighting a Worker’s Compensation case. You need to get all the evidence you can regarding your accident that led to the injury. If you have eyewitnesses and can line them up and get statements from them, that would be highly beneficial to your case. In fact, this is the reason why a specialist attorney can be such a great advantage. Your attorney can collect this information on your behalf.




Don’t make the mistakes above that many injured workers in the United States do. Instead, contact a good attorney as soon as possible after the injury to make sure that you are legally represented in the best way possible. This way, your rights will be protected. At Kesh Law,  you will get the best representation for your Worker’s Comp claim. Get in touch with us through our website for a full case evaluation.


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