Top 5 Mistakes Injured Workers Make

Mistakes injured workers make after a workplace accident can significantly reduce the compensation they receive. All workers are entitled to compensation after a workplace injury. Depending on the state they work in, they might automatically qualify for Workers’ Compensation Insurance. 

Many workers don’t know that even if their employer did not hire Workers' Comp, they are still entitled to compensation and can sue their employer if they are not covered by insurance. Employers have a duty of care towards their employees and have the legal obligation to provide a safe workplace in accordance with the Occupational Safety and Health Administration standards and regulations for each industry. 

All workers, regardless of immigration status, have the right to seek compensation after a workplace injury. Find out what not to do after getting hurt at work to maximize your compensation.

What Is Workers’ Compensation?

Workers' compensation is an insurance program that provides financial and medical benefits to employees who suffer job-related injuries or illnesses. Some states, like New York, mandate that most employers buy workers' compensation insurance. Workers' compensation insurance and laws are designed to protect both employees and employers. Injured workers receive automatic medical and financial benefits, while employers are protected from most lawsuits. This is an example of how Workers' Compensation works in New York:

• No-Fault System

• Regardless of who was at fault, workers receive benefits.
• Even if the injury was partly the worker’s fault, they are still eligible for compensation, with rare exceptions for drug/alcohol-related incidents or intentional self-harm.

• Medical Coverage

• All necessary medical and rehabilitation treatment related to the accident is covered.

• Wage Replacement Benefits

• If an injury prevents work for more than 7 days, workers receive:
• Temporary Total Disability: Two-thirds of their average weekly wage.
• Permanent Partial Disability: If the injury causes lasting impairment but doesn’t prevent all work.
• Permanent Total Disability: For severe, career-ending injuries.

• Death Benefits

• If a worker dies due to a job-related accident, their dependents may receive:
• Funeral expenses.
• Weekly payments to surviving spouses and minor children.

In some states, like New York, workers can receive workers' compensation after an injury and might be eligible to sue a third party for their role in the accident. Workers can sue property owners, equipment manufacturers, or negligent contractors if they contributed to the accident that caused a worker’s injury.

In most states, if an employer did not provide workers’ compensation, the injured person can sue their employer, regardless of their immigration status. Workers who suffer injuries on the job have the right to receive compensation. Do not dismiss this opportunity to receive what you deserve.

Common Mistakes Injured Workers Make That Reduce Their Compensation

Many workers unknowingly weaken their claims by making avoidable errors. Below you will find the top mistakes after a workplace injury.

1. Minimizing Injury and Not Reporting

One of the biggest mistakes injured employees make is downplaying their injuries or failing to report them immediately. Some workers, especially immigrants, fear retaliation, while others believe they can “tough it out.” However, delaying a report can lead to:

• Denied claims: Employers and insurers may argue the injury wasn’t work-related, or it wasn’t that bad if the employee could continue their day without reporting it.
• Worsening conditions: A minor injury can become severe if untreated.

What to do instead:

• Report the accident or injury in writing to your supervisor immediately.
• Inform multiple people (HR, managers, coworkers) to ensure documentation.
• Follow your company’s accident reporting policy, if one exists.

2. Failure to File or Filing Too Late

Another one of the legal mistakes after a work injury is missing deadlines for filing a claim. Each state has strict time limits. Waiting too long can result in a reduction or complete denial of benefits.

What to do instead:

• File all required paperwork as soon as possible.
• Keep copies of all documents for your records.
• Consult a workers’ comp attorney if you’re unsure about deadlines, the paperwork, your rights, or the amounts you can receive.

3. Failure to Comply with Medical Treatment 

Insurance companies may argue that an injury worsened because the worker didn’t follow medical advice. Some injury compensation mistakes by workers include:

• Skipping doctor’s appointments
• Ignoring prescribed rest periods
• Returning to work too soon

If you disregard medical advice, the insurer may reduce or terminate your benefits.

4. Accepting the First Offer, or the Last

Insurance companies often offer quick, low settlements to close cases fast. One of the work injury claim mistakes is accepting an unfair offer without understanding their rights.

Key issues with early settlements:

• They may not account for future medical costs.
• They may underestimate permanent disability.
• They may not include job retraining if you can’t return to your old role.

What to do instead:

• Consult a lawyer before accepting any settlement offer.
• Ensure the settlement covers all future expenses, not just immediate costs.

5. Not Consulting with a Workers’ Compensation Legal Team

Perhaps the most critical of all errors workers make after getting injured is handling their claim alone.Insurance companies have lawyers and adjusters working to minimize payouts. You need someone on your side.

Why hiring a lawyer helps:

• They negotiate for higher settlements.
• They ensure all paperwork is filed correctly and on time.
• They know insurance company tactics to minimize compensation or deny claims.
• They know all the injured worker mistakes to avoid.
• They can offer additional legal options, such as suing your employer or a third party responsible for your injury.
• Successful workplace injury lawyers work on a contingency basis. They only earn a portion of what they win for you.

Maximize your compensation

Mistakes injured workers make can cost them thousands in lost compensation. By avoiding these common mistakes injured workers make, you can protect your rights and secure the benefits you deserve. Furthermore, never assume workers’ comp is your only option. If your injury was caused by a third party or employer misconduct, you may be entitled to far greater compensation through a lawsuit.