10 Common Mistakes That Can Hurt Your Alabama Workers’ Compensation Claim

10 Common Mistakes That Can Hurt Your Alabama Workers’ Compensation Claim

No one expects to be injured at work.  Unfortunately, we have represented enough injured workers over the years to know that many people unintentionally hurt their own workers’ compensation claims—not because they are dishonest or careless, but because they simply don’t understand how the system works.

Some mistakes occur within minutes of the injury, Others happen weeks or months later.  Fortunately, many of these problems can be avoided if you know what to expect.

Here are ten of the most common mistakes we see in Alabama workers’ compensation cases.

Mistake #1: Waiting Too Long to Report Your Injury

One of the most damaging mistakes an injured worker can make is delaying notice to the employer.

Sometimes people assume the pain will go away.  Sometimes they don’t want to “make a fuss.”  Sometimes they worry about getting into trouble at work.

Unfortunately, waiting to report an injury can create disputes about whether it actually happened on the job.

Report the injury as soon as reasonably possible.

Just as importantly, report every body part that was injured, even if some areas seem relatively minor at first.

Learn More: What Should I Do If I’m Injured at Work in Alabama? and What Does Notice Mean?

Mistake #2: Thinking You Can Simply See Your Own Doctor

Many workers naturally schedule an appointment with their family physician after a workplace injury, and this is generally a mistake.  While there are exceptions, Alabama workers’ compensation law generally allows the employer or insurance carrier to select the authorized treating physician.

Receiving treatment from your personal physician may not satisfy the workers’ compensation requirements for authorized medical care.

Related Article: Can I see My Own Doctor? and What is an Authorized Treating Physician?

Mistake #3: Failing to Tell the Doctor About Every Symptom

Your medical records often become some of the most important evidence in your claim.  If your shoulder, neck, knee, or back hurts, tell your doctor.  If you are experiencing numbness, weakness, headaches, dizziness, or sleep problems related to the injury, discuss those symptoms as well.

Don’t assume the doctor already knows, and don’t assume the symptoms will disappear.

Mistake #4: Ignoring Your Work Restrictions

Many injured workers pride themselves on working hard, and while admirable, often workers return to work before they are medically able because they don’t want to disappoint their employer, and because it is difficult to pay all our household bills if all you are receiving is ttd benefits.  This is totally understandable, but exceeding your doctor’s restrictions can:

• worsen your injury;
• delay recovery;
• create confusion in the medical records; and
• sometimes make it more difficult to prove the extent of your disability.

Following your physician’s restrictions protects both your health and your claim.

Learn More: What if my Employer Refuses to Honor my Work Restrictions? and How do I Pay My Bills while Off Work?

Mistake #5: Assuming the Insurance Adjuster Is Your Representative

Most adjusters are professional and courteous; however, it is important to understand their role.

The adjuster works for the workers’ compensation insurance carrier.  That does not mean the adjuster is dishonest or unfair, it simply means the adjuster’s responsibilities and concerns differ from yours.

Understanding everyone’s role helps avoid misunderstandings throughout the claim.

Mistake #6: Believing the Nurse Case Manager Is Your Personal Advocate

Many injured workers understandably assume the nurse case manager has been assigned to represent their interests.  Understandable, but not true.

The Nurse Case Manager may coordinate medical appointments, communicate with healthcare providers, and assist in managing medical treatment, but you have to remember that they were hired to work on behalf of the workers’ compensation insurance carrier-not to work on your behalf.  Again, this is not to say the Case Nurse Manager will not be helpful or do their best to get you the treatment you require, but it is important to remember they were not hired to help you in your workers comp claim-they were hired to help the comp carrier.

Being polite and cooperative is usually helpful, but it is equally important to understand the nurse’s role in the workers’ compensation process.

Learn More: What Does a Nurse Case Manager Do in an Alabama Workers’ Compensation Case? and Does the Nurse Case Manager have a Right to be Present when I see the Authorized Treating Physician?

Mistake #7: Signing Documents You Don’t Understand

Workers are sometimes asked to sign medical releases, employment forms, settlement documents, or other paperwork.

Never feel rushed.  Read each document carefully.

If you don’t understand what a document says—or what rights it may affect—ask questions before signing.  A few extra minutes today can prevent significant problems later.

Mistake #8: Posting Too Much on Social Media

Many people don’t realize that photographs, videos, and public posts can become evidence in litigation.

A single photograph may not accurately reflect your physical condition.  For example, smiling in a family photograph does not necessarily mean you are pain-free.

Likewise, lifting a grandchild for a few seconds does not necessarily prove you can perform heavy industrial work eight hours a day.

Still, social media often creates unnecessary disputes.  When your workers’ compensation claim is pending, it is generally wise to think carefully before posting.

Mistake #9: Assuming Your Case Is Worth Whatever the Insurance Company Offers

Not every settlement offer is unfair, but not every settlement offer is appropriate either.

Before accepting a settlement, understand:

• what medical treatment remains available;
• whether future medical benefits are being closed;
• whether permanent disability has been properly evaluated; and
• what rights you may be giving up.

Workers’ compensation settlements often have long-term consequences.

Related Articles: Am I entitled to a Settlement, Pitfalls to Lookout for in a Settlement, and When the Adjuster Pushes You to Settle

Mistake #10: Waiting Too Long to Speak With an Attorney

Many workers believe they should hire an attorney only after something goes wrong, and I am sure many workers’ compensation claims are easily handled without the need for an attorney-but you have to keep in mind the fact that the workers’ compensation insurance carrier has attorneys available anytime they have any question or want a legal opinion on a subject.

If the workers’ compensation insurance company thinks it is a smart idea to be able to ask an attorney questions, they same might be true for the injured worker.

Obtaining legal advice early can help avoid problems before they develop, and an attorney can explain your rights, answer questions about medical treatment and benefits, and help you understand whether the claim appears to be progressing appropriately.

Seeking legal advice does not obligate you to hire anyone.  Sometimes one conversation provides the reassurance—or the guidance—you need, but it is worth the time to speak with an attorney experienced in Alabama workers’ comp claims.

The Bottom Line

Most injured workers want only two things: appropriate medical treatment and the opportunity to return to work when they are medically able. Understanding how Alabama’s workers’ compensation system works—and avoiding common mistakes along the way—can help protect both your health and your legal rights.

If questions arise during your claim, obtaining reliable information early is often easier than trying to correct problems after they occur.

At Powell and Denny, we have spent decades helping injured workers throughout Alabama navigate the complex issues that arise in workers’ compensation claims, so don’t hesitate to contact and speak with one of the experienced Alabama Workers Compensation and Social Security Disability attorneys at Powell and Denny today for a free consultation. Appointments are available in person, or virtually via Zoom if more convenient.  Powell and Denny would appreciate the opportunity to help.  And remember, there is no fee unless you win.

Powell and Denny: We Work When You Can’t

Offices in Birmingham and Huntsville, Alabama