Common Mistakes to Avoid in Your Delaware Workers’ Compensation Claim

mistakes in a workers' compensation claim

Workers’ compensation claims can be complex and overwhelming, especially when you’re dealing with an injury. In Delaware, avoiding common mistakes in your workers’ compensation claim ensures you receive the benefits you deserve. Professional legal guidance can significantly impact the outcome of your case. At Rhoades & Morrow, we specialize in helping injured workers navigate the process and maximize their claims.

Failing to Report the Injury Promptly

In Delaware, the law requires you to report any workplace injuries to your employer within a certain timeframe. This requirement allows for a swift investigation into the circumstances surrounding the accident. Failing to report your injury promptly might give your employer or their insurance company grounds to argue that your injury did not occur at work or is not as severe as you claim.

You must provide a detailed, accurate description of the accident and your injuries. This means including specifics about the incident, such as the exact location, the time it occurred, the people present, and the sequence of events.

You should write your report, and keeping a copy for your records is advisable. Ensure you report the incident to the appropriate personnel, such as your supervisor or HR department. Don’t simply mention it to a co-worker or report it informally.

Not Following Doctor’s Orders

Failure to comply with a doctor’s recommendations or prescribed treatment can lead potential claim reviewers to question the severity of your injury. This can lead to a reduction or denial of benefits as it raises doubts about the necessity of the treatments and the legitimacy of your claim.

By contrast, adhering to your doctor’s advice demonstrates your commitment to recovery and provides an ongoing record of your condition. By taking prescribed medications, attending all scheduled appointments, and following through with recommended physical therapy or rehabilitation, you are demonstrating that your injury is severe and requires ongoing medical attention.

Failing to Document the Incident and Injuries

Accurate documentation serves as concrete evidence to support your claim. It provides an objective account of the incident and its impact on your health. Without proper documentation, the court may question the authenticity and severity of your injuries, which can lead to them denying or reducing your claim.

Proper documentation should include an accurate record of the incident and your resulting injuries. This includes photographs or videos of the location where the accident occurred, any physical injuries, and any equipment or circumstances that contributed to the accident. Witness testimonies can also be highly beneficial.

Keeping a diary of your day-to-day experiences following the accident is also essential. This should include details of your pain levels, activities you are unable to perform due to your injuries, and the impact on your emotional and mental health.

Providing Inconsistent Information

The insurance company can use any inconsistencies, even minor ones, against you in your workers’ compensation claim. Insurance adjusters and defense attorneys work to identify and exploit these discrepancies to challenge your claim. Ensure that every piece of information you provide is accurate and consistent, whether in written statements, verbal declarations, or medical records. Any contradiction looks untruthful and can lead to a reduction or denial of benefits.

The key to delivering accurate and consistent information is to be thorough and truthful from the outset. Always be sure to report the full extent of your injuries and be consistent in your descriptions of how the accident occurred, your symptoms, and your limitations.

Avoid making guesses or estimates whenever possible. It’s perfectly acceptable to admit if you don’t know or can’t recall a specific detail. It’s better to be clear about your uncertainty than to guess and potentially introduce inconsistencies that could harm your case later on.

Handling Interactions With Insurance Adjusters Incorrectly

Remember that the insurance adjuster is not your friend, despite how friendly they may appear. They are professionals with a job to do, which is to minimize the amount the insurance company has to pay out on your claim.

One common pitfall is agreeing to give the insurance adjuster a recorded statement. While it may seem like a simple request, the adjustor can easily take your words out of context or misconstrue them to weaken your claim. Also, avoid signing any documents without first consulting with a lawyer, as you may inadvertently sign away your rights to certain benefits.

Never consent to a recorded statement without first speaking with your attorney. Remember, you can always redirect questions to your lawyer. It’s entirely acceptable to respond, “I would like to consult with my attorney before answering that question.”

Not Seeking Legal Representation

When you enlist the services of an experienced workers’ compensation attorney, you are equipping yourself with a professional who understands the law and the processes that govern workers’ compensation claims. These professionals can navigate the complexities of the system, accurately assess the worth of your claim, and advise you on the best course of action.

The dedicated team at Rhoades & Morrow brings decades of combined experience to help injured workers navigate their workers’ compensation claims and fight for the compensation they deserve. Our attorneys will be with you every step of the way, providing personalized advice and advocacy based on your specific case.

From filing the initial claim to negotiating with the insurance company and, if necessary, representing you in court, our legal team is always ready to assist you. By choosing Rhoades & Morrow, you strengthen your claim and reinforce your right to fair compensation.

Ensure Benefits by Avoiding Workers’ Compensation Mistakes

When handling your workers’ compensation claim, avoiding common mistakes is crucial to guarantee you receive the benefits you deserve. Every claim is different, and the process can be intricate. For first-rate guidance and support with your workers’ compensation claim, get in touch with Rhoades & Morrow. Visit our website or call us at (302) 427-9500.


Delaware Injury Lawyers

R & M Lawyers
Rhoades & Morrow

Our attorneys provide exceptional legal service with a personal touch. Since our founding in 1990, we have helped thousands of Delaware citizens obtain full and just compensation for personal injury claims. We have gained an excellent reputation as the “go to” law firm. Let us put our decades of experience to work for you.

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