Here Are 11 Mistakes to Avoid — and What You Should Do Instead
Navigating life after an injury can be hard on its own. If you’re receiving workers’ comp benefits, understanding the rules you need to follow can be confusing.
Some are easy: Posting a TikTok video of yourself doing cartwheels? Probably not.
Others may seem less clear-cut: Can you retire? What about accepting freelance work to make extra income?
With more than 20 years of experience, our Iowa workers’ compensation attorneys have seen how many avoidable errors have hurt workers’ claims. Whether you’re applying for workers’ comp benefits, already receiving them, or appealing a denial, here are the major mistakes we recommend you avoid.
1. Don’t Quit Your Job or Retire
This is the top mistake people make when they’re on workers’ compensation. Since your employer’s insurance provider is the one paying for your benefits, quitting your job could cause you to lose the benefits you are receiving.
Quitting could limit your eligibility for both your temporary and permanency benefits. If your employer is able to offer you work within your work restrictions following your injury and you refuse to do it, you could lose your temporary benefits. If you have a full-body injury that would qualify for permanent benefits, such as a work-related back injury, these benefits could also be limited if you quit.
Do This Instead:
Talk to an attorney before making any decision to leave your job. You likely have other options. It is always best if your employer is the one who ends the job, especially if they aren’t able to accommodate your work restrictions.
2. Don’t Get Medical Care on Your Own (Unless It’s an Emergency)
Under workers’ compensation, your employer’s insurance company has the right to choose your doctor. If you seek care outside of that doctor after your claim is accepted, this complicates the payment situation. If the care isn’t authorized, you may need to pay for it out of pocket. It could also cause your workers’ comp doctor to be less supportive of your case.
Do This Instead:
Once your claim has been approved, go to your designated doctor. If you aren’t receiving good care, you should speak with your attorney. We can help you properly seek alternate medical care. If you must seek emergency care apart from your designated doctor, it’s best to let your workers’ comp attorney know so we can help work it out.
It’s also important to note: If your workers comp claim has been denied, then you can see whatever doctor you choose using your own health insurance.
3. Don’t Miss Appointments or Ignore Doctor’s Orders
Missing appointments, especially an independent medical evaluation (IME), can cause you to lose benefits. Not complying with your doctor’s recommended care, such as physical therapy, physical restrictions, or prescribed medications, also looks bad for your claim.
Do This Instead:
Follow all medical advice and instructions as exactly as possible. If you absolutely can’t make your appointment, be sure you call your doctor’s office and reschedule. A “no call no show” can hurt your workers’ comp case.
4. Don’t Lie to Your Doctor
It may be tempting to understate or overstate your symptoms or to leave out details about pre-existing conditions. However, lying to your doctor often does more harm than good. This particularly includes any prior pain in the area of your body that’s involved in the case. Medical records often speak for themselves in a case.
Do This Instead:
When discussing your symptoms with your doctor, be completely honest. However, only discuss your symptoms with your doctor. Avoid speaking to them about the legal details of your case, especially if they ask how much money you’re going for.
5. Don’t Post About Your Case, Employer, or Injuries on Social Media
Anything you post on social media can be used as an exhibit at a hearing. For example, if you post a photo of yourself doing physical activity while you’re supposed to be restricting your movement, it could hurt your claim. If you speak negatively about your employer, it could also reflect poorly on your case.
Do This Instead:
It’s best to keep any discussion of your workers’ comp claim off social media. Before you post, ask yourself what could happen if the other side saw it.
6. Don’t Do Anything Outside Your Work Restrictions (at Work or at Home)
First, you could reinjure yourself or slow your recovery. Second, your employer may have hired a surveillance firm to film or photograph you doing physical activities you aren’t supposed to do. If you’ve been honest with your doctor and follow their instructions, then a surveillance video should not hurt your case.
Do This Instead:
Follow your doctor’s restrictions 100% of the time.
7. Don’t Talk to the Insurance Adjuster or Their Attorney Alone
Once you are working with a lawyer, the insurance company should communicate with your legal counsel, not you. If they attempt to discuss your claim with you, be sure to incorporate your attorney in all communications.
Do This Instead:
Direct all communication from the insurance company, the adjuster, or their attorney through your lawyer. If they call you, politely inform them that you are represented by counsel and they need to direct all questions to your attorney.
8. Don’t Discuss Anything With a Nurse Case Manager That’s Outside Your Work Injury
Your employer’s insurance company may assign you a nurse case manager to handle your claim. While you can speak with nurse case managers without an attorney, it’s important to remember that they work for the insurance company, not for you. If you tell them about side work or activities you’re doing outside your restrictions, they could relay that information to the insurer.
Do This Instead:
Understand that your nurse case manager is working for the insurance company. Do not discuss anything outside your injury or medical treatment.
Don’t Discuss Your Case With Anyone Other Than Your Spouse
Any communication you have with your spouse is protected by spousal immunity. In other words, they cannot be compelled to testify against you in a case. However, discussions with other family members, friends, or acquaintances are not protected.
Do This Instead:
Keep your comments about the case private. It is always best to avoid discussing your case around others so they don’t misinterpret your comments. This includes comments about how much you hope to receive from your case.
10. Don’t Take on a Side Gig or Side Work
If you are off of work or taking reduced hours due to your injury, you may be tempted to take on a side job. However, this could do more harm than good. If you’re receiving temporary disability benefits, your income will be subtracted from your weekly workers’ comp check. Your work could also be used in an attempt to prove you’re more capable of working than you claim, especially if you are violating your work restrictions.
Do This Instead:
While you are on workers’ comp benefits, focus on recovering. If you need more income, talk to an attorney before taking any additional work to understand your options.
11. Don’t Fail to Talk to a Lawyer
As we’ve discussed, there are many common errors people make in their workers’ compensation cases that can end up costing them benefits. Going it alone can mean you don’t have the guidance you need when one of these situations arises.
Do This Instead:
The best way to avoid these mistakes is to partner with an attorney who can advise you at each step of the way. You can start with a free consultation with Schott Mauss & Associates. We’re ready to fight on your side.
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