Filing for Workers’ Comp: Steer Clear of These Costly Mistakes

Filing a workersโ€™ compensation claim can be a lifeline after a workplace injury. It helps cover your medical expenses, lost wages, and even rehabilitation if needed. But this process isnโ€™t foolproof – many employees unknowingly sabotage their own claims by making avoidable errors. Thatโ€™s why some injured workers choose to hire the top work comp law firm in Los Angeles to help them avoid costly missteps. Whether you’re handling the claim yourself or seeking legal guidance, knowing what not to do is just as important as knowing what to do.

Understanding the pitfalls ahead of time can help you protect your rights and receive the benefits you deserve without unnecessary delay.



Rushing or Delaying the Report of Your Injury

Timing is everything when it comes to workersโ€™ compensation. You must act fast, but not carelessly.

Mistake #1: Failing to Report the Injury Immediately

Too many workers assume that a minor injury will heal on its own. Others are afraid of losing their job if they say anything. But waiting too long to report an injury can seriously hurt your claim. Most states have deadlines for notifying your employer, and if you miss that window, your benefits could be denied outright.

What to do instead: Report the incident as soon as possible, even if you’re unsure how serious the injury is. Make sure the report is in writing, not just verbal.

Not Seeking Prompt Medical Attention

After an injury, your health should come first. But it also plays a key role in validating your claim.

Mistake #2: Skipping or Delaying Medical Treatment

If you donโ€™t see a doctor right away, the insurance company might argue that your injury wasn’t severe or wasnโ€™t even work-related. Delays in treatment can create serious doubt about the legitimacy of your claim.

What to do instead: Get evaluated by a medical professional right away. Make sure to mention that the injury occurred at work so itโ€™s clearly documented in your medical records.

Inconsistencies in Your Statements

The story you tell matters, and it needs to be consistent across the board.

Mistake #3: Giving Conflicting Accounts

When your report to your employer doesnโ€™t match what you told the doctor or the insurance adjuster, it raises red flags. Inconsistencies – no matter how small – can be used to deny or minimize your claim.

What to do instead: Stick to the facts. Write down exactly what happened while itโ€™s still fresh in your mind, and refer back to those notes if needed.

Posting on Social Media

Believe it or not, your Facebook or Instagram feed can be used against you.

Mistake #4: Sharing Too Much Online

If you post pictures of yourself at the beach or out with friends shortly after filing a claim, it can cast doubt on your injury. Insurance investigators often monitor claimantsโ€™ social media accounts for evidence that contradicts their claims.

What to do instead: Keep your social media activity private – or better yet, stay off it entirely until your case is resolved.

Ignoring the Doctorโ€™s Orders

How you follow up after your initial visit is just as important as getting checked out in the first place.

Mistake #5: Not Following Through With Treatment

Skipping physical therapy sessions or failing to take prescribed medications can suggest that your injury isnโ€™t as serious as you claimed. It can also make recovery take longer than necessary.

What to do instead: Follow your treatment plan to the letter. If you disagree with your doctorโ€™s approach, speak up – but donโ€™t simply stop showing up.

Not Understanding the Full Scope of Your Rights

Some workers assume that filing a claim is a one-and-done process. Unfortunately, itโ€™s rarely that simple.

Mistake #6: Not Knowing What Youโ€™re Entitled To

Workers often leave benefits on the table simply because they didnโ€™t know they were available. Beyond medical care and wage replacement, you might qualify for job retraining, permanent disability, or mileage reimbursement for doctor visits.

What to do instead: Take time to educate yourself on the full list of available benefits. Your stateโ€™s workersโ€™ compensation board website is a great place to start.

Handling Complex Claims Alone

While many claims can be handled without legal help, others can quickly become complicated.

Mistake #7: Not Getting Legal Help When You Need It

If your claim is denied, your injury is severe, or your employer is uncooperative, trying to manage everything on your own can be overwhelming and risky. A legal misstep could cost you the support you need.

What to do instead: Donโ€™t wait until things spiral. If anything feels off – delays, denial, retaliation – itโ€™s time to speak with an attorney who specializes in workers’ compensation law.

Accepting a Settlement Too Soon

That initial settlement offer might look good, especially if youโ€™re out of work. But rushing into it can leave you short in the long run.

Mistake #8: Settling Without Fully Understanding Your Injury

Some injuries worsen over time or donโ€™t heal as expected. If you accept a settlement before knowing the full extent of your condition, you may lose your chance at future benefits.

What to do instead: Wait until you reach โ€œmaximum medical improvementโ€ (MMI) before considering a settlement. This means your condition has stabilized and wonโ€™t significantly improve with further treatment.

Filing a workersโ€™ compensation claim doesnโ€™t have to be a battle, but it can become one if you make missteps along the way. Knowing what to avoid is half the fight. From the moment you’re injured to the final paperwork, staying consistent, transparent, and proactive is key.

You deserve the support youโ€™re entitled to under the law. Avoid these common mistakes, and youโ€™ll be on a much stronger path to healing, both physically and financially.

End of Year

SALE!

Don't wait until your year-end to-do list starts growing?

All employee handbook support services

18749

Get your employee handbook updated today!

End of Year Sale! 15% off Employee Handbook Services!

Close the CTA

Employment Law Updates

Laws change in a moment.

Sign up to stay informed.

Select an Option

Visiting on behalf of:

Have employees in more than one state? SUBSCRIBE HERE!

THANK YOU FOR SUBSCRIBING!

We hope you find our newsletters help you better navigate employment and labor law issues.

Close the CTA