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Seasoned Sacramento Injury Attorneys

Avoid These Common Mistakes When Filing a Workers' Comp Claim


Filing a workers' compensation claim in California can be a daunting process, especially when you're dealing with the aftermath of a workplace injury or illness. Navigating the complexities of the workers' compensation system requires attention to detail and adherence to specific procedures. Unfortunately, many people make mistakes that can jeopardize their claims and hinder their ability to receive the benefits they deserve.

It's possible to avoid these pitfalls, however. So, let's explore some of the most common mistakes people make when filing workers' compensation claims in California.

Failing to Report the Injury Promptly

One of the most critical steps in the workers' compensation process is reporting the injury to your employer as soon as possible. Failing to report the injury promptly can raise questions about the validity of your claim and may result in delays or denial of benefits. It's essential to notify your employer of the injury in writing and keep a copy for your records.

Not Seeking Medical Treatment

Some people make the mistake of delaying or avoiding medical treatment after a workplace injury. Even if your injury seems minor at first, it's crucial to seek medical attention promptly. Not only does this ensure your health and well-being, but it also creates a record of your injury that can support your workers' compensation claim.

Providing Inaccurate or Incomplete Information

When filling out paperwork related to your workers' compensation claim, it's essential to provide accurate and complete information. Failing to disclose prior injuries, downplaying the severity of your symptoms, or providing inconsistent information can undermine the credibility of your claim. Be honest and thorough when documenting your injury and its impact on your ability to work.

Missing Workers’ Compensation Deadlines

The workers' compensation process in California involves strict deadlines for reporting injuries, filing claims, and responding to requests from insurance carriers. Missing these deadlines can result in the automatic denial of your claim or other adverse consequences. It's crucial to familiarize yourself with the applicable deadlines and ensure that you comply with them diligently.

Failing to Follow Medical Advice

If you're receiving medical treatment for a workplace injury, it's essential to follow your doctor's recommendations diligently. Failing to attend medical appointments, refusing prescribed treatments, or engaging in activities that exacerbate your injury can undermine your claim and jeopardize your eligibility for benefits. Follow your doctor's advice and adhere to any restrictions or limitations they impose.

Accepting an Inadequate Settlement

Insurance carriers may offer settlement agreements to resolve workers' compensation claims. While it can be tempting to accept a settlement offer to expedite the process and receive a lump sum payment, it's essential to carefully evaluate the terms of the settlement and consider the long-term implications for your health and financial security. An attorney can review any settlement offers and negotiate on your behalf to ensure you receive fair compensation for your injuries.

Not Seeking Legal Guidance

Navigating the workers' compensation system can be challenging, especially if you encounter obstacles or disputes along the way. Some people make the mistake of trying to handle their claims independently without seeking legal guidance. However, an experienced workers' compensation attorney can provide invaluable assistance, helping you understand your rights, navigate complex legal procedures, and advocate on your behalf to ensure you receive the benefits you deserve.

Do You Need Legal Support?

Our legal team at Smolich and Smolich can offer the legal support you need for your workers’ compensation claim. With our assistance, you can make better sense of this difficult situation and have access to professional advice and services. Together, we can help you take the right steps forward in pursuit of compensation for your work-related injuries.

Contact us today to request a free initial consultation.