FREE CONSULTATION (314) 361-4300
Free Consultation

Common Mistakes Made by Injured Workers

Getting the work comp benefits you need after a work injury is often complicated.

After being injured at work, an employee is responsible for reporting the injury to his or her employer. However, the process is often complicated, and several things can go wrong, resulting in the injured worker getting either too low or outright denied benefits.

This situation is often created because the injured worker made common mistakes when applying for workers’ compensation benefits. The following examples will show how to avoid making some of these mistakes.

Work Injury Attorney St Louis

30 YEARS EXPERIENCE

OVER $100 MILLION COLLECTED

ONLY WORK COMP

js_loader

Work Comp Claims – Common Mistakes to Avoid

Example 1: Despite significant ongoing shoulder pain from your work injury, the workers’ comp doctor releases you.

Verbal requests to your employer for more treatment usually get ignored. They will usually deny that you ever made the request. Write a letter to your employer, keep copies, and date it. Text messages and emails are no good unless you get a response confirming they received it.

Telling your employer that “my shoulder hurts” means what? Instead, tell them that the work comp doctor released you despite ongoing pain from your shoulder injury, that work is hurting your shoulder, request more treatment, and then give your employer a letter confirming what was said.

  • Common Mistake: You visit your primary care physician (PCP) and vaguely mention a work injury. However, focus your conversation on deer hunting, as that is your passion, and how your shoulder hurts during deer hunting.

If this happens, chances are your PCP records won’t mention a work injury. You need to be perfectly clear with your private doctors that your pain is from a work injury. They are not mind readers, so you need to be specific.

For example, you should tell your doctor, “My pain started on (the specific date) when I hurt my shoulder at work. The work comp doctor only prescribed 10 physical therapy sessions and said it was a strain. He released me even though my pain was bad. He said to return to full duty and do my weight lifting, which I can hardly or can’t do because of the pain. I even have pain sitting in a deer stand holding a gun. This started at work and is easily aggravated with everything I do.”

  • Common Mistake: The work comp doctor releases you despite ongoing pain and says you’ll be OK. And you say OK and leave.

You need to be your own best advocate. Tell your doctor, “My pain is worse, and I want to see a specialist.” or “Doctor, I can’t lift my arm above my head due to pain. You did not do an MRI, and I have trouble sleeping at night due to pain, and I am miserable during the day. Please send me to a shoulder specialist.”

When the doctor says, “You’ll be fine,” you must ask tough questions. Within a few days, give a letter to the front desk, addressed to the doctor, confirming what was said. Date it and keep copies. I can almost guarantee your conversation will not be in your medical records.

Example 2: Your job is causing you more and more back pain over time. You go home after work and rest. It feels better. At work, it gets worse.

  • Common Mistake: You see your primary care physician (PCP) and only say, “My back hurts.” Again, they are not mind readers. Tell your doctor about your job, how your duties cause back pain, and how you only rest at home. When your doctor says that your work over time is causing your back pain, then do a written report of injury to your employer as now you have a medical opinion that work has caused a repetitive use injury.
  • Common Mistake: You tell your boss your back hurts but never tell him why and never ask for treatment under workers’ compensation.

Instead, write to your boss explaining how lifting boxes for the past five years has gradually caused more back pain. Then, request treatment.

  • Common Mistake: You talk with a lawyer about your Missouri workers’ compensation rights. NEVER say to your doctor or a workers’ compensation doctor, “My attorney said…

Law Office of James M. Hoffmann

When we take your case, we prioritize recovering benefits for you. We back your workers’ compensation or personal injury case with decades of experience, a proven record of success, and a client-focused approach.

Click to Call (314) 361-4300 Online Case Evaluation Form