There are many common mistakes that an individual may make when handling their Charleston workers’ compensation case. These mistakes can prevent an individual from pursuing their case in the most effective way possible. A person may lose out on potential compensation if they do not understand how to properly handle their claim.
To best understand the most prevalent mistakes to avoid in a Charleston workers’ compensation case, do not hesitate before contacting a lawyer. An experienced Charleston workers’ compensation attorney can build a case to help maximize any potential compensation you may be owed.
Failing to Contact a Lawyer
A common mistake to avoid in a Charleston workers’ compensation case is failing to speak to a lawyer at the earliest possible time. There are so many loopholes and pitfalls that can be made in a workers’ compensation case. If a person does not know what the rules are, it is very hard to follow them.
Those working for the insurance companies will not offer advice given that the insurance company is an adversary, and their interests are adverse to the claimant. In other words, what is good to the claimant is not good for the insurance company and vice versa. They have no duty to tell their claimant what mistakes they are making and in fact, sometimes, they will lead them into making those mistakes so that they can be denied coverage or denied some form of medical or monetary benefit.
Even if the claimant decides they do not want to hire an attorney, there is absolutely no risk in going in for a confidential free initial consultation in which a lawyer can advise of the pitfalls and mistakes, many of them at least, at the front end of the case.
Passing the Statute of Limitations
There is a notice of requirement that the claimant has to give notice within 90 days. If they do not do that, then the claim is barred. There is a statute of limitations that states that if a claim is not brought within two years, the claim is barred forever. This is an important mistake that an individual must be careful to avoid when filing a Charleston workers’ compensation claim.
Not Gathering Medical History
It is important that an individual document their medical history from head to toe when filing a Charleston workers’ compensation case. Many times, there are multiple injuries, but the most pronounced injury is a back, knee or shoulder injury.
A person may have a herniated disk, which is one of the worst injuries an individual can sustain, so an individual may focus on that and forget about the other body parts. Because the body parts are not documented properly, it may be very hard to link the injury back to the work accident. Therefore, it may be difficult for the individual to get treatment and disability for those other body parts.
There are many battles that begin to take place the second the injury occurs that the claimant is not aware of. Even if they are aware of it, the person may not be aware of all the tools that can be used to maximize their case and to put them in the best position to get the maximum benefits available both medically and monetarily.