Have you recently been injured at work and are unsure how to file for workers’ compensation? Many employees assume the process is straightforward, only to face delays, disputes, or denials due to avoidable mistakes. Understanding the most common errors can help you secure the worker’s benefits you deserve. Here’s how to protect your claims and maximize your compensation.
Why Your Claim Could Be at Risk
Filing for workers’ compensation should be a straightforward process, but many employees unknowingly make mistakes that can result in delays, disputes, or outright denials. Whether you’ve been injured on the job or are assisting someone through the claims process, understanding these common errors can help you avoid unnecessary complications.
Workers’ compensation laws vary by state, but the fundamental goal remains the same: ensuring injured employees receive financial support for medical expenses, lost wages, and rehabilitation. In South Carolina, a state known for its thriving industries like manufacturing and construction, strict regulations govern claims. That’s why understanding workers comp in South Carolina is crucial to navigating the process smoothly and securing rightful benefits.
However, small missteps such as not reporting the injury immediately or failing to follow medical advice can lead to unexpected claim denials. Here, the guides cover 10 common mistakes employees make when filing for workers’ compensation and how you can avoid them.
1. Failing to Report the Injury Immediately
One of the biggest mistakes employees make is waiting too long to report their injury to their employer. Many workers hesitate because they assume the injury is minor or worry about retaliation from their employer. However, delaying your report can give the insurance company a reason to deny your claim.
Each state has its deadline for reporting workplace injuries. In some states, you must notify your employer within 24 to 48 hours of the accident, while others allow up to 30 days. Missing these deadlines can invalidate your claim entirely.
What to do instead: Always report your injury as soon as possible in writing. Keep a copy of the report and any email or text communication for your records.
2. Not Seeking Medical Attention Right Away
Delaying medical treatment can weaken your case. Insurance companies often deny claims if there is a gap between the injury and your first medical visit because it raises questions about whether the injury was truly work-related.
Even if your injury seems minor at first, some conditions worsen over time. For example, a back strain or a concussion might not show severe symptoms immediately, but they can develop into long-term problems if left untreated.
What to do instead: Visit a doctor immediately after your injury. Make sure the doctor documents that your injury occurred at work, and follow all prescribed treatments.
3. Giving Incomplete or Inaccurate Information
Giving conflicting information regarding your injury can result in instant claim denial. Any contradiction between your first report, medical history, and witness statements can render your claim fraudulent.
For example, if you tell your employer that you slipped on a wet floor but later tell your doctor that you tripped over an object, the insurance company may question the validity of your claim.
What to do instead: Stick to the facts and be consistent in all your statements. If you’re unsure about any details, review your report before submitting it.
4. Failing to Appeal a Denied Claim
According to the National Safety Council (NSC), about 7% of workers’ compensation claims are denied on the first submission. However, 67% of these denials are overturned on appeal, proving that appealing a denied claim is often successful.
What to do instead: If your claim is denied, don’t give up. File an appeal, submit additional evidence, and get legal help if needed.
5. Posting About Your Case on Social Media
Most employees are unaware that employers and insurance providers track social media profiles to gather information that can invalidate their claims. Even harmless posts—like a photo of you at a family reunion can be used as evidence that you are not hurt.
What to do instead: Avoid social media until your case is settled. Do not post any status updates, photos, or comments about your injury.
6. Assuming Your Employer Will Handle Everything
Some workers put faith in the employer to process all the papers accurately and to lobby for their entitlements. However, all employers do not play by the rules; they can delay or even fail to file the claim. Employers also do not present the necessary documentation or complete the forms incorrectly, leading to avoidable delays.
What to do instead: Take charge of your claim. Keep copies of all paperwork, follow up regularly, and if your employer fails to act, file your claim directly with the state workers’ compensation board.
What Happens When You Make a Mistake vs When You Follow Best Practices
| Mistake | Consequence | Best Practice |
| Not reporting the injury on time | Claim denial | Report immediately and keep records |
| Delaying medical treatment | The insurance company may claim the injury is not work-related | See a doctor right away and document all visits |
| Posting on social media | Insurers may use posts to dispute claim | Avoid posting anything about the injury online |
| Accepting the first settlement offer | You may receive less than what you deserve | Have an attorney review the offer before accepting |
7. Returning to Work Too Soon
Some employers pressure injured workers to return before they are fully recovered, either to save money or to avoid increasing insurance premiums. If you return to work too soon, you risk reinjuring yourself and losing your benefits.
What to do instead: Wait until your doctor clears you for work. If you feel pressured, consult an attorney.
8. Accepting the First Settlement Offer Without Review
Insurance companies often make lowball settlement offers to injured employees who don’t know their rights. These initial offers rarely cover long-term medical costs or lost wages.
What to do instead: Consult a workers’ compensation attorney before accepting any offer.
9. Not Following the Doctor’s Orders
If you ignore your doctor’s treatment plan, insurance companies can argue that your injury isn’t serious or that you’re not making an effort to recover. This can jeopardize your benefits or lead to an early termination of your workers’ comp payments.
Common examples of this mistake include:
- Skipping doctor’s appointments
- Not taking prescribed medication
- Returning to work against medical advice
What to do instead: Follow all medical instructions carefully. If you disagree with the treatment plan, seek a second opinion, but never ignore medical advice.
10. Not Seeking Legal Advice When Needed
Worker’s compensation claims may be complicated, particularly if your employer contests the claim or you have a permanent impairment. Most workers do not hire lawyers because they believe that it is too costly, but most workers’ comp lawyers provide free consultations and work on a contingency fee basis.
What to do instead: If your case is complicated, consult an attorney to ensure you receive the compensation you deserve.
FAQs
What do I do if the employer does not file my claim?
You can file your claim directly with the board of workers’ compensation for your state. You should keep all records and consult an attorney if it comes to that.
How long do I have to file a workers’ compensation claim?
Particular state-by-state deadlines apply, but it is always better to avoid issues.
Can I choose my doctor for treatment?
Some states require you to visit the employer’s doctor first. Double-check your state’s laws before proceeding.
Tailpiece
Avoiding these common mistakes can be the key to securing the full benefits you deserve rather than facing unnecessary denials. Stay proactive, follow medical advice, document everything, and don’t hesitate to seek legal guidance when needed. If you’ve been injured on the job, protect your rights by filing correctly, staying informed, and advocating for the compensation you’re entitled to.
