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5 Common Workers’ Compensation Mistakes


At The Law Office of George P. Escobedo & Associates, PLLC, we know how easy it is for the average person to make a mistake when filling a workers’ compensation claim. That is why we are here to build a strong claim for our clients and make sure it is properly filed. Because this process can be so confusing, we tell you about some of the common mistakes we have seen clients make with their workers’ comp claims.

Mistake #1: Not Notifying Your Employer

It is the responsibility of the injured worker to let their employer know about their accident. Many workers assume that their doctor will notify their employer for them, but this is a mistake. A supervisor, manager, or human resources manager should be informed of your injuries as soon as possible. Make sure you give your notice in writing and keep a copy for yourself.

Mistake #2: Thinking Your Injury Isn’t Work-Related

If you had a medical condition before you started working, you can still be eligible for workers’ compensation benefits. Some workers don’t bother reporting their injuries because they think that a preexisting condition will disqualify them. However, if your preexisting injury or illness is aggravated due to your job duties, you should immediately report it to your doctor and employer.

Mistake #3: Going to the Wrong Doctor

While it is important to get medical treatment as soon as possible for your work-related injury, many workers get the wrong kind of care and end up losing out on their benefits. You must be treated by the medical care provider chosen by your employer’s workers’ compensation insurer. Without the proper medical authorizations, your employer might not have to cover your medical expenses.

Mistake #4: Not Getting an Independent Medical Examination

Don’t neglect getting a second opinion if you disagree with the conclusions made by your employer’s doctor. Although your employer doesn’t have to pay for an independent medical examination if you disagree with their insurer’s assessment of your case, it is worth it to pay for one out of your own pocket.  An independent medical examination can end up being a crucial part of your strategy to pursue benefits.

Mistake #5: Waiting Too Long to File Your Claim

Although your employer should report your injury to the Workers’ Compensation Commission, some employers fail to do so because they assume the worker won’t follow up on their claim. You should file a workers’ compensation claim in the following situations:

Contact The Law Office of George P. Escobedo & Associates, PLLC Today

If you need assistance filing a claim for workers compensation benefits, you should get in touch with our law firm to discuss your case with an experienced attorney. We can assess your situation and ensure that your rights and interests are fully protected. Let us help you secure the benefits you deserve. 

Call (210) 807-3178 to schedule your free consultation with a workers’ compensation lawyer in San Antonio. We are here to take your call 24/7.

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