Curtis Dayson | Updated On: April 15, 2025 | Workers Compensation
Filing for workers’ compensation seems straightforward. And it is, for the most part. However, it’s easy to make mistakes. These slip-ups can delay your claim, lower a settlement amount, or, at worst, jeopardize your claim.
Don’t let the errors below rob you of the benefits you deserve. Find out what common workers’ comp mistakes are on our list below so you don’t make them. We’ll also cover when to seek help from an experienced workers’ comp lawyer in SC. Also, don’t miss our bonus workers’ compensation FAQ, which answers questions we commonly receive.
1. Missing a Deadline
Deadlines are unavoidable parts of life. Whether it’s completing a work assignment, taxes, or a workers’ comp claim, they all depend on strict deadlines. Regarding workers’ comp, you must report your injury to your employer within 90 days of it happening.
You have longer to file a workers’ comp claim (up to two years after your injury). However, the longer you wait, the longer you delay your potential benefits. Because of that, it’s best to act quickly. Missing deadlines can mean waiting longer than usual for benefits. It can also lead to a claim denial.
2. Not Keeping Detailed and Accurate Records
Creating and maintaining accurate records takes time. A common workers’ comp mistake occurs when you ignore the importance of gathering workers’ comp-related evidence. Good recordkeeping could be a primary factor contributing to a settlement or favorable courtroom verdict.
So, what does having proper records look like in a workers’ comp situation? Keep copies of your:
- Health records
- All injury reports (workplace, police, etc.)
- Communication records with all relevant parties (other employees, insurance companies, etc.)
- Witness statements, if applicable
3. Waiting Too Long to Report Your Injury/Not Reporting It
Some employees who sustain injuries at work could be fearful or embarrassed to report what happened. A worker not wanting to incur work-related penalties, admit they made a mistake, or something similar may make them uneasy about speaking up.
However, you must report when you get hurt at work by law, even if you believe you’re at fault or not as you may still qualify for workers’ compensation benefits, It is wise to have an experienced legal professional help make that determination. Missing reporting-related deadlines is a common workers’ comp mistake that could invalidate your ability to seek a workers’ comp claim.
4. Delaying or Not Seeking Medical Treatment
The importance of being timely also involves the medical attention you receive. Even when your injuries seem like you can shrug them off, you must still seek a medical evaluation. Severe injuries aren’t always immediately present.
In some cases, only medical professionals can diagnose and treat internal injuries. Insurance companies can succeed at lowering the value of your claim, as a lack of medical documentation can make your injuries appear non-existent.
5. Ignoring Your Doctor’s Advice
Getting a post-accident check-up is vital, as is following medical professionals’ advice. Missing follow-up appointments, not taking prescribed medications, or working before legally cleared are common workers’ comp mistakes that can all jeopardize your claim. Again, the other party finding out you’re not following your doctor’s orders partially or completely can result in a lower offer or claim denial.
6. Not Having Legal Representation
So far, you’ve learned how complex workers’ compensation can become. Because of that, most injured employees contact law firms after they get hurt. Why is having an SC workers’ comp lawyer in your corner so important? Because workers’ compensation laws, claims, and cases are complex. It’s easy for someone unfamiliar with this world to make common workers’ comp mistakes.
7. Accepting Your First Settlement Offer
Discovering that you received an immediate settlement can feel exciting. However, don’t let this eagerness cause you to sign a settlement offer without having an experienced workers’ comp lawyer in SC look it over.
Often, insurance companies hope to capitalize on an accident victim’s money-related woes by dangling a low settlement in front of them and hoping they’ll take the bait. It’s a contributing factor in what makes workers’ comp so difficult for employees seeking benefits.
8. Engaging in Activities That Contradict Your Claim
Chances are, you’ve seen a news story or online article about someone out golfing, on vacation, or engaging in strenuous activity while receiving workers’ compensation. Of course, receiving this form of employer insurance doesn’t require you to stay in bed all day and night.
An example of this common workers’ comp mistake is Dave reporting a severe back injury at work to his employer. Then, Dave starts receiving workers’ compensation. A few weeks later, a co-worker spots Dave lifting heavy weights and playing basketball at a local gym. If reported, this information and potential evidence could likely end Dave’s ability to continue receiving workers’ comp.
Workers’ Compensation FAQ
Why Is Workers’ Comp So Difficult?
A significant factor in why people often make common workers’ comp mistakes is how difficult it is to complete a claim. A few reasons this process is so challenging include dealing with strict deadlines, an insurance company’s tactics, and the general complexity of the legal process.
What Should I Do After a Claim Denial?
Learning of a claim denial is understandably frustrating. Don’t stress — contact DSB. Our workers’ comp lawyers in SC are ready to build and present a strong case in your favor.
My Employer Retaliated Against Me. What Do I Do?
Retaliation of any kind is illegal. If you know or suspect employer retaliation occurred, contact DSB. We’ll look into the details of your evidence and advise you on what comes next. We’re also glad to help answer any questions not covered in this workers’ compensation FAQ.
Take the Next Step: Get Your Free Consultation
Are you wondering why workers’ comp is so difficult? You’re not alone. From completing a workers’ comp claim to negotiating with skilled insurance companies, DSB is ready for anything. Our SC workers’ comp lawyers have helped clients throughout South Carolina obtain well-deserved compensation. We’re prepared to try and do the same for you while helping you avoid common workers’ comp mistakes.