Here are some of the most common mistakes people make when filing a workers’ comp claim and how to avoid them.
Waiting Too Long to Report the Injury
One of the biggest mistakes workers make is not reporting the injury right away.
In New Jersey, you have 90 days to notify your employer. However, the longer you wait, the harder it may be to prove that your injury is work-related.
Tell your supervisor immediately, even if the injury seems minor. It’s better to document it early than risk having your claim questioned later.
Failing to Get Medical Treatment Promptly
After a workplace injury, your health should come first. Delaying treatment doesn’t just put your recovery at risk. It can also hurt your claim. Insurance carriers look at medical records to verify injuries. If there’s a long gap between the incident and your first appointment, it may raise red flags.
In New Jersey, your employer or their insurance company generally has the right to choose your treating doctor. Going to a provider without approval could lead to unpaid medical bills. Always ask who you’re supposed to see before scheduling treatment.
For more details on your rights, visit the New Jersey Department of Labor and Workforce Development.
Being Inconsistent or Incomplete in Your Statements
Another common mistake is giving different versions of how the injury happened. You might tell your boss one thing and your doctor something slightly different without meaning to. However, insurance companies may use those inconsistencies to deny your claim.
Stick to the facts. Write them down if it helps you remember. Be clear and consistent when explaining what happened and how you were hurt.
Downplaying or Exaggerating the Injury
Some workers minimize their injuries because they don’t want to seem like they’re complaining. Others may feel pressure to “tough it out.” On the flip side, some people overstate their symptoms. Both can cause problems with your claim.
Honesty is key. Describe your symptoms accurately. Don’t guess or leave things out. If you’re in pain, say so. If your condition gets worse over time, keep your doctor informed.
Ignoring Medical Advice
If your doctor tells you not to lift heavy objects or to avoid work for a while, follow those instructions. Going back to work too soon—or skipping follow-up appointments—can damage your claim and your health.
Insurance companies often monitor compliance with treatment. Not following the medical plan could suggest your injury isn’t as serious as you said.
Misunderstanding Your Benefits
Many injured workers assume workers’ comp only covers medical expenses. You may also qualify for temporary disability payments or, in more serious cases, permanent disability benefits.
If you don’t know what to ask for, you could miss out on critical help. Take time to understand your rights and what your claim should cover.
Letting a Denied Claim Go Unchallenged
It doesn’t mean the process is over if your claim is denied. Many valid claims are initially rejected due to missing paperwork, unclear details, or other technicalities. You have the right to file a formal claim and review your case.
Want to Avoid New Jersey Workers’ Comp Mistakes?
Filing a workers’ comp claim in New Jersey can feel overwhelming, especially when trying to heal and support your family. But avoiding these common mistakes gives you a stronger chance of getting your desired benefits.
If you’re unsure whether you’re on the right track, the team at The Workplace Lawyers can help you avoid New Jersey workers’ comp mistakes. Contact Livingston DiMarzio Brown, LLP for more information about workers’ compensation or to speak to someone about your workplace injury.
