Filing A Workers’ Compensation Claim: Do’s And Dont’s

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Workers’ Compensation is a complex area of law. Regulations and confusing statutes may intimidate some injured employees who do not understand how to begin the process of filing a workers’ compensation claim. Different principles and rules operate in workers’ compensation cases.

Contact Farias Law PC to learn more about the legal services we offer. If you were injured during a workplace accident contact Farias Law PC to schedule a free consultation during which we can discuss the facts of your workers’ compensation case.

Insurance companies and large businesses may try to deny or minimize your workers’ compensation claim in the name of profit. Lobbyists and other influential parties may work diligently to have laws and regulations altered so injured workers find it more difficult to file their workers’ compensation claims.

The following list of do’s and dont’s will help you avoid pitfalls that can hurt your workers’ compensation case.


  • Always expect excellent service from your workers’ compensation attorney. The work that your lawyer does will have a direct impact on the benefits your recover. The attorney representing you and his or her staff should treat you with dignity and respect. You can terminate your attorney at any time if you are dissatisfied with the quality of the legal representation you are receiving
  • Hire an attorney that focuses his or her practice on worker’s compensation. Ask questions about the attorney’s experience handling workers’ compensation cases. Workers’ compensation is a specialized area of law and regulations are constantly in flux. Insurance companies hire workers’ compensation specialists and you should do so as well. You should be comfortable with your attorney and you will be consulting with him or her quite often if your case is complex.
  • Consult an attorney immediately after a workplace accident. You do not want to rest on your rights. The sooner you start your claim, the better. Evidence can get lost or destroyed, and insurance companies can use a lack of action and medical treatment against you.
  • Consult a workers’ compensation attorney immediately if the insurance company is not making payments on your medical expenses. Insurance companies may also refuse to authorize treatment.
  • If you cannot perform your normal work duties after three days, you should submit a written request that Workers’ Compensation benefits begin on the fourth day. Many states allocate weekly benefits of two-thirds of your average weekly wages. Do not trust the calculations of the insurance adjuster. You should perform the calculations for your wages yourself.
  • Collect important information about your workers’ compensation insurer. You need to contact the insurer as soon as possible to be certain that benefits are being paid. Do not provide recorded statements to insurance claims adjusters. The adjusters will try to ask you questions that may cause you to forfeit your right to workers’ compensation benefits. Consult an experienced workers’ compensation attorney before you speak to any employee of an insurance company.
  • If you suffer from chronic pain, you should consult a medical professional immediately. You should attend all appointments and follow the recommendations of your medical providers.
  • You must report your workplace injuries within specific time periods. Workers typically have thirty days to report the injury to the Employer. Employers are not permitted to reduce this time limit.
  • Fill out an accident report and obtain a copy of this report even if you suffer only minor injuries. Keep copies of your accident reports and maintain custody of them in a secure place.
  • You need to be thorough and specific when you report your injuries to a physician and to your employer. You may be limited to treating only the parts of your body that you reported to your employer. Report everything you possibly can. Some injuries may not produce discernible symptoms until months after the date of injury.
  • Report the workplace injury to your supervisor as soon as possible. Many workers do not want to bother their employers or be seen as weak. Employers want to know about workplace injuries as soon as possible. Do not wait to report your injuries even if you suspect you are suffering from minor injuries. Report everything to your employer as soon as possible after the accident.
  • Identify every witness who may possess information regarding your workplace injury. You need to obtain names, addresses, and telephone numbers. Insurance companies may deny your claims and you need as many witnesses as possible.
  • Do not move if you are injured at work. Call for medical help or assistance immediately. Request an ambulance and prompt medical attention if the workplace injury causes pain or causes serious symptoms.


  • Do not talk about your workers’ compensation case with people who do not play a role in your case, the workers’ compensation insurance company, or representatives of your employer.
  • Do not accept a settlement offer until you consult with a workers’ compensation attorney. A good attorney will tell you if the offer is fair or unfair. An experienced workers’ compensation attorney may be able to procure a higher settlement amount.
  • Do not sign any releases or checks with release language printed on the face of the checks
  • Do not sign any medical releases allowing an insurance company to obtain every one of your personal health records
  • Do not mistakenly believe that your personal health insurance is not required to pay for your work injuries. Employers must have workers’ compensation insurance or be self-insured. The workers’ compensation insurance company is responsible for paying for your work injuries.

Contact Farias Law PC Today to Schedule A Free Consultation

Contact Farias Law PC today and learn how to protect yourself as you seek workers’ compensation benefits. Hiring an experienced workers’ compensation attorney is the best thing you can do for your worker’s compensation case. Insurance companies are unscrupulous and many will try to deny your claims. Do not allow this to happen and make sure that you contact our office to schedule a free consultation during which we can discuss the facts of your case.


How Do I Apply for Workers’ Compensation?

Report the workplace injury to your work supervisor and submit a DW-1 form as soon as possible. The employer will file for your workers’ compensation claim. You should speak to a workers’ compensation attorney after your workplace injury.

What Does Workers’ Compensation Cover?

Financial compensation for lost income is one of the main benefits of workers’ compensation. You may also be covered for your inability to work, lost wages and pain. Injured workers also receive paid medical care and paid medical expenses.

How Do I Report an Injury At Work?

Call your supervisor after you receive medical attention and explain to him or her how the injury occurred. You should explain to them the circumstances that gave rise to the workplace injury as well as who was present and the end result of the injury. Also ask that your superiors file for your workers’ compensation claim.


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