Workplace injuries are common here in Mississippi. Too often, unfortunately, people misunderstand the way the workers’ compensation process works and unwittingly deny themselves benefits that they deserve. The first mistake people make is not getting in touch with an attorney experienced in Mississippi workers’ compensation law. Because I so frequently see this sort of mistake, and others, I have written the following blog post to describe common mistakes people make in the workers’ compensation process.
If you were injured or a loved one was injured or killed as a result of medical care, one thing is critical to know—you will need to have experienced counsel help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured. Contact us now at (601) 790-1505.
How to Avoid Common Mistakes in the Workers’ Compensation Claims Process
Failing to report your injury promptly is the most common mistake I see. Employees sometimes believe that they are going to get in some trouble for being injured. Other employees feel that because their own negligence or recklessness caused their injury, they will be disciplined for becoming injured. These instincts are wrong. You should immediately report all injuries. If you delay, doubt creeps into the process as well as a suspicion that you are making a workers’ compensation claim for a preexisting or injury. Reporting your injury as soon as it happens means that no such doubt can exist. Also, remember that you are due compensation for your injuries even if your recklessness or negligence caused them.
Make your report to your employer in writing. While you may be in too much pain to file a written report immediately, follow-up with a written statement within 24 hours referencing your initial, oral report of the incident. You do not want there to be any question regarding when and where you were injured, and an oral statement is not sufficient to rely on long after memories have faded.
If you do not immediately report your injury, you still need to report it within 30 days of the occurrence. After 30 days, your claim may be denied as untimely. Additionally, strictly adhere to any workplace policies regarding workers’ compensation reporting.
Seek medical treatment and assessment immediately, even if you do not feel that anything is wrong. Again, you want to position yourself so that no one can claim that your workers’ compensation claim is a false, retroactive claim for an injury that was caused outside of work. The best way to document your injury is to have a physician perform a physical immediately after your injury occurs. This also provides a baseline against which to compare any subsequent degradation in your physical condition.
What Should You Do If You or a Loved One Has Been Injured on the Job?
You have a right to file a workers’ compensation claim if you were injured while on the job. That is true even if the injury is the result of your fault. Having If you or a loved one was injured or killed as a result of a medical error, you might have a malpractice claim. Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with the hospital’s attorneys. These are essential tasks that a personal injury attorney can handle for you and that you cannot handle alone.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury. Contact us now at (601) 790-1505.
