By 
In over 30 years of helping injured workers collect full workers’ compensation benefits, I’ve seen others make common mistakes that cost them a lot of money.
I discuss 15 of these mistakes below.
By recognizing and avoiding these common mistakes, I am confident that you will be in a better position to collect more money for your claim.
To help you avoid these mistakes, I have categorized the 15 most common mistakes and present them to you.
I am confident that after reading this article, you will have a better chance of collecting full payment on your workers’ compensation claim.
1. Not reporting the accident to your employer.
North Carolina law requires that a claim be reported to your employer in writing within 30 days from the date of injury. Although in most cases you may be able to continue your claim even if you do not file a written report within 30 days, these reports must be filed in writing immediately.
2. Failure to file a claim with the Industrial Commission.
North Carolina law requires that a claim be filed with the North Carolina Industrial Commission within two years of the date of the accident. In the case of occupational diseases, the claim must be filed within two years of the date the worker became unable to work. With regard to occupational diseases, the filing requirements vary. Unless your employer has agreed in writing to be responsible for your workers’ compensation claim, you are at risk if you do not file a written claim with the Industrial Commission within two years.
3. Failure to inform the doctor of the details of your accident.
If your medical records do not reflect the fact that you have been in an accident, your claim may be suspect. Insurance companies use any excuse they can find to deny your claim. The absence of any information in your medical records about your accident can give them the excuse they want
4. Not keeping a job search log.
The worker has the burden of proving that they are unable to work as a result of a workers’ compensation injury or occupational disease. One of the best ways to show that he cannot work is to show that he has honestly tried to work but was unable to find and keep a job.
5. Failure to fully inform your attorney of all facts.
Workers’ compensation cases are quite difficult to handle successfully, even when an attorney has all the facts. If you do not fully inform your attorney of all the facts, the good, the bad, and the ugly, you will seriously harm your attorney’s ability to win your case for you. Many events that you may feel are adverse can be successfully managed. Don’t cheat by keeping your attorney in the dark.
6. Lack of full cooperation with all vocational rehabilitation efforts.
The point at which the insurance company hires a vocational rehabilitation specialist to be actively involved in finding a job for you is probably the most critical point in the claims process. You should not attempt to navigate the rehabilitation process without the help of an experienced workers’ compensation attorney. Vocational rehabilitation counselors, in the vast majority of cases, are not on your side. It is their job to terminate your benefits, either because you become an employee or by taking advantage of your non-cooperation, and thereby have your benefits terminated. It is in your best interest to return to work in a suitable job. Therefore, you must fully cooperate with all reasonable vocational rehabilitation efforts.
7. Failure to accept suitable employment.
It is in your best interest to accept suitable employment, either at your old job or at a new job that comes your way. The law does not (and should not) allow a worker to collect workers’ compensation benefits if he is able to work. On the other hand, you are not required to accept any job that your employer or vocational rehabilitation worker finds for you. The job must be “right” for you based on your physical limitations, age, education, training, and experience. It is important to work closely with an experienced workers’ compensation attorney to help you determine if any job you are offered is a good fit.
8. Not anticipating being followed and videotaped.
It is a mistake to assume that private investigators will not follow you or videotape you. Insurance companies would rather pay money to private investigators and attorneys than pay you. You should assume that a private investigator will be watching your every move outside of your home. They can even look inside your house.
9. Work outside of restrictions when you return to work.
If a doctor allows you to return to work but conditions your return to work on certain restrictions, such as not lifting more than a certain weight or lifting your arms above your head, you must explicitly follow these restrictions. When you return to work, there is a temptation to follow your supervisor’s instructions even if those instructions force you to work above the limitations your doctor places on you. This is a serious mistake. Bring your doctor’s written restrictions with you when you return to work, and if your supervisor tries to force you to work outside of those restrictions, give another copy of those restrictions to your immediate supervisor and politely tell him or her that your doctor will not allow you to work outside of those restrictions. restrictions
10. Settle your claim without the benefit of an experienced workers’ compensation attorney.
It is a serious mistake to assume that your employer and insurance company will treat you fairly. You must understand that in the vast majority of cases, they will take advantage of you if you let them. Your employer and its workers’ compensation insurance carrier have professionals on your side who are knowledgeable about North Carolina’s workers’ compensation law. They take care of themselves, not you. Always seek the advice of an experienced workers’ compensation attorney before signing any agreement.
11. Assuming rehab counselors are your friends.
Rehabilitation counselors are working for your employer and the insurance company. They are not working for you.
12. Allow the Employer to make a “Medical Shop”.
If your employer accepts your claim and agrees to pay, you have the right to direct your medical care. However, once your medical providers have been established, they cannot change you to another doctor without permission from the Industrial Commission. Insurance companies like to see doctors they can count on to “sing their song.” Don’t let them do this. If your employer or insurance company tries to switch you to another doctor, immediately consult an experienced workers’ compensation attorney.
13. Do not consider a second opinion.
The law allows an injured worker to obtain a second opinion if the worker is not satisfied with the doctor’s opinion about the nature and extent of his or her disability. He should consider getting a second opinion. However, it is not always advisable to get a second opinion. This decision is case specific. You should consult with an experienced workers’ compensation attorney to help you decide if he should request a second opinion.
14. Assuming the Compensation Rate Set by the Employer is Correct.
Most of the benefits you are entitled to receive from your workers’ compensation claim are based on your average weekly wage. The average weekly salary includes the gross amount of your pay before any deductions. The average weekly salary may also increase due to certain subsidies that your employer may provide, such as a housing allowance. Don’t be fooled by setting the wrong compensation rate.
15. Failure to seek medical attention.
It is common for an injured worker, especially a man, to try to “shake it off” after an injury and not receive the medical care that he should receive. It is not unusual for a person to have significant injuries without realizing it. If an injured worker waits several days or weeks before seeking medical attention, the claim is suspect. This delay in treatment gives the employer yet another excuse to deny the claim.