Actions That Could Jeopardize Your Workplace Injury Claim

When you are pursuing a workplace injury claim, you need to take steps to ensure that the claim remains valid and can be assessed and settled correctly. You cannot simply have your attorney file the claim, then wait around to receive your compensation. In fact, taking no action while your claim is pending can actually harm your chances of receiving an adequate settlement for your needs.

When you begin working on your claim with an experienced workplace injury attorney, ask your attorney about your role as the recovering claimant. He or she will determine the steps you need to take to be a proactive claimant and ensure that you receive a fair settlement amount. It important to avoid damaging your case, and understanding how certain actions may affect your claim can help.

Your doctor knows what is best for you as you recover from your injury. He or she might prescribe medication, surgery, physical therapy, or a combination of these treatment plans. Always follow your doctor's orders to the best of your ability. If you do not take the necessary steps to promote your own recovery, you can hinder your claim's chance of resulting in a payout for you.

Workplace injury claims have a statue of limitations of two years in California. This means that from the date of your accident, you have two years to file your workplace injury claim. Once these two years pass, you can no longer seek monetary compensation for your losses.

With any insurance claim, you will need to provide adequate evidence for your claim. This can include testimonies from those around you, photographs of your accident, and documentation of your interactions with doctors and other healthcare providers. Keep everything related to your case. With important documents, make copies so you do not risk losing a document between meeting with your doctor, your attorney, and the insurance provider.

When you are recovering from an accident, you need to rest and devote time to your recovery. Do not post photos of yourself on social media platforms that depict you driving, playing sports, or engaging in other physical activities. Avoid discussing your case on social media. The insurance provider from whom you are seeking to recover compensation can potentially see your social media activity and use evidence found on the web to discount your claim. It may be in your best interest to stay off social media completely until your claim has been settled.

Do not attempt to file and pursue your workplace injury claim on your own. Give your claim the legal support it needs by working with an experienced San Jose workplace injury attorney. Contact Corsiglia, McMahon, & Allard, L.L.P. today to schedule your free legal consultation with a member of our firm. We are proud to serve clients in the Bay Area, San Mateo County, Alameda County, San Benito County, Monterey County, and Santa Clara County.