What Are Common Mistakes to Avoid When Filing for Workers’ Compensation in Minnesota?

If you are looking to file for workers’ compensation, a Minnesota workers’ compensation attorney can help you avoid some of the common mistakes that often derail these claims and cause workers to end up with less than they deserve.

What Are Common Mistakes to Avoid When Filing for Workers’ Compensation in Minnesota?

Not Getting a Minnesota Workers’ Compensation Attorney

Workers’ comp is supposed to be “automatic,” so it’s natural that a lot of people think they don’t need an attorney when they’re filing a claim. This is the first, and sometimes the costliest, mistake people make.

Yes, worker’s comp is meant to be an alternative to bringing lawsuits, which can be much more expensive and difficult for everyone involved; but that doesn’t mean there aren’t plenty of ways to lose out on the compensation you deserve. From ensuring you don’t miss deadlines to putting things in the right way for your claim to negotiating in mediation, there’s a lot that a qualified workers’ comp attorney can do to make sure you maximize your compensation.

Not Properly Documenting

In all the stress and pain of the immediate accident, jumping through hoops to properly document both what happened and the injury and its effects is something that’s easy to miss. But it’s absolutely crucial that you write down everything that occurred. You need to record what happened before the accident, how you understood the accident to have happened from your perspective, the immediate aftermath, and describe your injuries and the effect they’ve had on your life. Your attorney will help you turn all this to good use when it comes time for your claim.

Not Reporting Your Injury Immediately

To get your benefits, you will have to show that you notified your employer of the injury – or that your employer should reasonably be expected to have known about it – within the time limit allowed under Minnesota law, which is 180 days. In some situations, it’s very obvious that you’ve had an injury. However, there are some workplace injuries that don’t always manifest immediately. For example, cumulative trauma may result in disability, but you may not be able to “notify” in the same way as you would if you fell off a ladder.

The law requires that as soon as it becomes “reasonably apparent” that an injury is going to cause a disability that would be compensable under workers’ comp that you inform your employer of this. If you don’t inform your employer, you risk losing out on all your benefits. Your lawyer can help you understand whether you have properly followed this step and help you to get it done in a timely fashion. If you delay too long, even if you are technically within the deadline, you open the door to arguments that your injuries are not all related to the work accident.

Not Getting Medical Care And Following It

As soon as possible after you have been injured, you must get to a doctor. Inform your doctor that you were hurt on the job. You will need copies of all your medical reports and the treatments that were given to you to file your claim. In most situations, you are allowed to choose your own doctor.

Once you have seen a doctor and have been given treatment recommendations, it’s then very important that you follow those instructions to the letter. You will have trouble claiming all your benefits if the insurer finds that you have not been following doctor’s orders. They may argue that this is making your injury worse and causing you to miss work when you otherwise would not need to. It’s especially important to avoid all activities that your doctor suggests you stay away from, whether that’s going back to work or engaging in a hobby, until your doctor tells you it’s safe.

Not Being Honest About Your Injuries

This goes two ways: you must not exaggerate your injuries, lie about injuries you don’t have, or try to claim that an injury sustained elsewhere was actually sustained at work. At the same time, you must not downplay your injuries or the pain they are causing. Doing anything other than being completely frank about what you’re suffering could cause you trouble later.

If you exaggerate your injuries, you open yourself up to accusations of fraud, which not only mean you will miss out on your workers’ comp benefits but could even land you in legal trouble. If you downplay things, you may not get the proper treatment, the right help you need at work, or all the benefits you’re entitled to. Resist the urge to say “I’m fine” whenever you’re asked how things are. Get in the habit of speaking honestly about what you’re feeling.

Not Filing Within the Time Limit

Here in Minnesota, you have two years to file a workers’ comp claim, and while that might seem like plenty of time, you might be surprised at how much time the process takes and how much an insurance company can drag things out if they want to dispute some aspect of your claim. If you want things to go as quickly as possible, it’s important to report your injury immediately to your employer and then talk with a Minnesota Worker’s Compensation attorney right away.

Once you’ve reported the injury to your employer, they have 10 days to file a First Report of Injury form with their insurance company, and they should give you a copy of this form as well as a copy of Minnesota Workers’ Comp System Employee Information Sheet. If you have an occupational disease, such as carpal tunnel syndrome, things can get a little more complicated when it comes to timelines. In general, however, the time limit starts to run from the moment your doctor diagnoses it as a disease which can be linked to your occupation.

Giving a Recorded Statement to an Insurance Company

If the insurance company calls you and asks for a recorded statement, it’s a good idea to tell them no until you’ve talked to your lawyer. These recorded statements are often carefully planned as a way to use your words against you or manipulate you into saying something that can be used to deny benefits. Always talk to your lawyer before making any statements.

Not Telling Your Lawyer Everything

No matter what your situation, you need to be completely honest with your lawyer. There’s an old saying that you should never lie to your doctor or your lawyer, and the saying is quite true. Your lawyer is on your side, and once you have an established relationship, the attorney-client privilege means that your lawyer must keep your private discussions just that: private. But if you don’t tell your lawyer everything, they can’t help you to provide the best possible case for getting the most compensation out of your claim.

If you’ve been injured on the job, contact us today at the Atkinson Gerber Law Office in Minneapolis or St. Paul to schedule a free consultation about your claim. We can also come to your home or meet you at the hospital if an injury prevents you from coming to us.