Common Missteps that May Hurt Your California Workers’ Compensation Claim


At Hanning & Sacchetto, LLP, our workers’ compensation attorneys in Whittier work tirelessly to pursue positive outcomes for each of our California client’s unique workplace injury cases.

We know that when our clients are hurt at work, their entire livelihood is at stake, and we want to ensure they have access to the workers’ compensation benefits that are legally entitled to because of their injuries.

Our workers’ compensation lawyers in Los Angeles County also know there are several mistakes our clients can make that may derail their claims before they start.

Here are the top three missteps that can hurt your California workers’ compensation claim.

#1: Failing to Report Your Workplace Injury When It Happens

The moment you are injured at work, you should stay put and ask a coworker — if you cannot move or walk on your own — to summon your supervisor or manager immediately after the incident occurs.

Your supervisor or manager should then ensure the accident and injuries are recorded in writing, and that you have a copy of the incident report.

Continuing to work after you have been hurt or waiting to report the injury will diminish the severity of the incident. In short, the insurance company may reject your claim by stating the injury was not serious enough to report right away, so why should you be compensated for it?

While a California workplace injury must be reported within 30 days of the incident and a workers’ compensation claim must be filed within one year, the sooner you can report it, the better it will be for the success of your claim.

#2: Failing to Seek Medical Treatment or Follow All Physician Instructions

California workers’ compensation benefits are awarded to those who suffer workplace injuries to ensure they have access to the medical care they need to heal, and to offset the cost of their lost wages, when applicable.

Failing to seek medical treatment for your workplace injury or illness — or failing to follow a physician’s treatment instructions is a major red flag for the insurance company.

Your employer’s workers’ compensation insurance provider sees workplace injuries in black and while. If you are not seeking medical care, you are not hurt. If you stop following your doctor’s orders, you are no longer hurt.

The insurance company is already going to do all it can to deny your claim. Do not give their representatives a reason to succeed.

#3: Managing Your Workers’ Compensation Claim Alone

Like any other insurance claim, the insurance company is going to put the burden on proof on the person who suffered the damages.

That means you are going to have to prove how injured you are and provide the supporting evidence to back it up. Otherwise, they could undervalue or outright deny your claim.

Contact Our Experienced Workers’ Compensation Attorneys in Whittier, California Today for a Free Consultation

Be sure to get the medical help you need for your injuries immediately after you have been hurt, then contact our skilled personal injury attorneys in Whittier at Hanning & Sacchetto, LLP today by calling (562) 698-6446.

We will take the lead in your case and ensure your paperwork is accurately submitted, complete, and on time, and that all communication with the insurance company flows through our offices, so you can focus on your physical recovery while we manage the balance of your workers’ compensation claim.

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