If you’ve been injured at work, filing a workers’ compensation claim should be straightforward—you report the injury, see a doctor, and receive benefits while you recover. Unfortunately, it may not be that simple. Employees new to the workers’ comp process may forget or mix up important steps.
Another complication is that employers may try to delay or minimize your claim. While the workers’ compensation system was designed to help you, employers and insurance companies often prioritize minimizing costs over delivering fair compensation.
While we can’t guarantee a straight path to full compensation for your work injury, we can help you maximize your chance for success with your claim. In this blog, we’ll explain some of the most common mistakes that injured workers make in the workers’ comp process and share tips for avoiding them.
(DC Studio/Freepik)
Failing to Report Your Injury Right Away
One of the biggest and most costly mistakes you can make is delaying your injury report. In Nevada, you are required to notify your employer within seven days after a workplace injury. Failing to do so could jeopardize your claim.
Even if you plan to report within that window, remember that sooner is better. If you get injured and continue to work for a few days before reporting the injury, the insurance company may question whether your injury really happened on the job, or they could claim that your injury worsened because you didn’t report it sooner.
Don’t delay reporting. Alert your supervisor, fill out your workplace injury forms, describe what happened in detail, and make sure to keep a copy for your records. Quick action helps establish a clear link between your job and your injury.
Not Seeing the Approved Medical Provider
In Nevada, your employer’s workers’ compensation insurance usually requires you to see a designated medical provider—not just any doctor you choose. If you visit your personal physician instead of the approved provider, the insurance company may refuse to pay for your medical bills.
While it’s understandable to want to see a doctor you already trust, you must stay compliant with your employer’s medical network. If you’re unhappy with the assigned doctor or believe they’re downplaying your injuries, you have the right to request a second opinion, but this must be done within the workers’ compensation system.
Downplaying or Misreporting Symptoms
Many employees underestimate their injuries or fail to describe them accurately when they see a doctor. You might tell yourself it’s “not that bad” or worry about missing work, but minimizing your pain or leaving out details can hurt your claim.
For instance, if you report that your back only hurts “a little,” your medical records may reflect that your injury is mild, which can lead to reduced benefits. Later, when your pain worsens, insurers might argue that your symptoms aren’t related to the original injury.
This is not the time to be a hero. Be honest and thorough about every symptom you experience, no matter how small it seems. Explain how your injury affects your ability to perform specific tasks, such as lifting, sitting, or standing for long periods.
Ignoring Medical Advice or Missing Appointments
Workers’ compensation benefits are tied directly to your medical treatment plan. If you skip appointments, stop attending physical therapy, or ignore your doctor’s instructions, the insurance company could accuse you of noncompliance and use that as a reason to deny or reduce your benefits.
Make sure to follow through with every recommended test and treatment. Not only does this help you recover faster, but it also creates a clear paper trail showing that you’re taking your recovery seriously.
For example, if your doctor recommends physical therapy twice a week, make sure you attend every session and keep all receipts and appointment records. If your injury prevents you from making an appointment, notify your doctor’s office right away so it’s documented.
Saying More Than You Should to the Insurance Adjuster
After filing a claim, you’ll likely be contacted by an insurance adjuster. They may seem friendly and supportive, but remember, their job is to protect the insurance company’s interests, not yours. Anything you say can be used against you.
Adjusters might ask leading questions in an effort to get you to discuss previous injuries or speculate about your recovery timeline. They may record your statements and use them against you later. They may also push you to settle quickly, before you know the full extent of your injury or recovery time.
If an insurance adjuster is pressuring you to talk, it’s a good idea to start searching for a “workers comp attorney near me.” An attorney can speak to the insurance adjusters on your behalf. They can make sure your words aren’t twisted and your rights remain protected.
Accepting a Settlement Offer That’s Too Low
When you’re out of work and bills are stacking up, a fast settlement might sound like a relief. However, early settlements may not reflect the true value of your claim.
In many cases, workers accept a quick payout only to realize later that their injury requires ongoing care or prevents them from returning to their previous job. Once you accept a settlement, you generally can’t reopen your claim, even if your condition gets worse.
An experienced Las Vegas workers’ compensation lawyer can evaluate any settlement offer, calculate your total damages (including future medical expenses and lost wages), and negotiate for the maximum compensation you deserve.
Not Keeping Proper Documentation
Documentation can make or break your case. Keep a detailed record of everything related to your injury, including:
- Medical reports, prescriptions, and therapy notes
- Copies of forms submitted to your employer or insurer
- Emails, text messages, and written correspondence about your claim
Without organized documentation, it’s easy for key details to get lost, especially if your case becomes contested.
Failing to Consult an Experienced Workers’ Compensation Attorney
Let’s say that you tear your rotator cuff while trying to lift something at work. What seems like a straightforward injury can quickly turn into a complex workers’ compensation case. Your employer might question the legitimacy of your claim, blaming it on previous injuries, demanding you return to work before you’ve healed, or passing you up for a promotion because you reported your injury.
A lot of these issues could have been addressed with the help of a shoulder injury work attorney. An attorney can help when your claim is delayed or disputed. They can also step in if your employer is pressuring you to return to work too early or retaliating against you for reporting your injury in the first place. They can handle the paperwork, negotiate with insurers, and make sure you receive every benefit you’re entitled to under Nevada law.
Protect Your Rights from Day One
The more you know, the better you can stay out of pitfalls and focus on healing and getting the compensation you deserve. Workplace injuries present frustrating setbacks, but the workers’ compensation system is there for you. The challenge is to hold your employer accountable for all of the benefits that you are entitled to. That way, you can move forward physically and financially toward a better tomorrow.