Photo of office building of Millon & Peskin | Attorneys at Law

Restoring Dignity & Control After An Injury 

3 common mistakes when filing for workers’ compensation

On Behalf of | Jan 21, 2025 | Workers' Compensation |

A workers’ compensation claim denial can severely harm families. Workers may need to learn what mistakes can lead to claim denials.

Here is a list of common mistakes when applying for workers’ compensation: 

1. Failing to report your injuries

There are two deadlines injured workers must meet if they wish to recover workers’ comp benefits. The first deadline includes reporting an injury to an employer within 45 days of the accident. 

The second deadline includes filing a claim within three years from the date of the injuries. One exception happens if an injured worker has already received workers’ comp benefits from their injury, such as for medical bills, they may have two years from the last date they received benefits to file a claim. Another exception happens if a worker was exposed to radiation or asbestos. The worker could file a claim within 25 years after the last day of employment. 

Failing to make a report or file a claim within the deadlines can prevent workers from recovering compensation. 

2. Not seeking medical help

An injured worker may need to prove their injuries to recover necessary benefits. As such, the worker may need to seek out an approved doctor to examine and treat their injuries. If the worker does not seek medical help, then they may be denied benefits. Similarly, failing to adhere to the recommended treatment can also affect an injured worker’s entitlements. 

3. Seeking benefits without legal help

Workers’ comp claims are often complex. Injured workers who are unaware of the filing process may make a mistake that prevents them from recovering benefits. Workers may also be offered compensation well below their needs if they sign any paperwork without reviewing the agreement. 

Legal guidance can help workers file for benefits, recover fair compensation and appeal a denial. 

FindLaw Network