Workers’ compensation is a no-fault system to cover costs associated with on-the-job injuries and illnesses. But what are you allowed to do while on workers’ comp? And, can workers’ comp stop paying you?
If you’re receiving workers’ compensation benefits, it’s essential to understand what not to do while on workers’ comp. Here’s what you should avoid while you heal:
Not Promptly Reporting Your Work Injury
Failing to report your injury within the mandated period could jeopardize your right to benefits. In North Carolina, you have 30 days to report your injuries to your employer. In South Carolina, you have 90 days. Do not wait; even if the injury seems minor at first, some conditions worsen over time, and delayed reporting can be used against you.
Not Seeking Appropriate Medical Care
Visiting a doctor as soon as possible is vital. In both North and South Carolina, your employer or their insurance carrier generally has the right to direct your medical treatment, so ask your employer for a list of approved workers’ compensation providers before scheduling any appointments. Tell your provider that you were injured on the job and ask for copies of your medical reports and treatment plans. You’ll need this documentation for your claim.
Failing to Follow Your Doctor’s Orders
Once you have a treatment plan, follow it to the letter. Be sure to attend all appointments, take any medication as prescribed, and avoid returning to work until your doctor says it’s safe. Missing appointments or ignoring restrictions gives the insurance carrier grounds to argue that your injury is not as serious as claimed, or that you are not genuinely committed to your recovery. Failing to follow doctors’ orders could invalidate your claim.
Not Reporting Changes in Your Condition
If your condition changes, let your provider and workers’ comp attorney know as soon as possible. Changes in your health may affect your treatment plan, your work restrictions, and the value of your claim.
Downplaying or Exaggerating Your Injuries
Always describe your injuries and symptoms honestly. Exaggerating the severity of your injuries constitutes workers’ compensation fraud, a serious offense that can result in denial of your claim and potential criminal charges. Your claim could be denied—and you could face legal consequences.
Similarly, don’t understate your injuries. Downplaying their extent could lead to inadequate treatment plans and work restrictions. At your first appointment, be sure to tell the doctor about every injury caused by the accident, including any pre-existing conditions that were aggravated. Many workers find it helpful to write down their day-to-day progress, setbacks, and pain levels. This documentation is also helpful when you file a workers’ compensation claim.
Engaging in Activities that Contradict Your Claims
While recovering, it is essential to avoid any physical activities that are inconsistent with your reported injuries and restrictions. For example, don’t lift heavy objects if you’ve injured your back. Even if you’re feeling better, these activities could be used against you. Insurance companies routinely conduct surveillance on claimants, and a single photo or video of you performing an activity that conflicts with your stated limitations can be used to deny or reduce your benefits.
Similarly, avoid posting on social media. Anything that contradicts your claim could jeopardize your benefits. The safest approach is to suspend all social media activity for the duration of your claim.
Returning to Work Too Soon
Are you ready to work, but still receiving workers’ compensation benefits? Don’t return to work until your physician clears you. While it may be tempting, especially if workers’ compensation doesn’t cover your living expenses, doing so could work against you. Instead, talk to your doctor and employer about potential light-duty options. In South Carolina, if your employer offers light-duty work that falls within your restrictions, you are generally required to accept it; refusing may result in the suspension of your wage benefits.
Accepting a Settlement Without Talking to a Lawyer
If you receive a settlement offer, be sure to get advice from a knowledgeable workers’ comp attorney. Insurance companies have a vested interest in paying as little as possible. Without an attorney, you risk settling for less than your claim is worth.
Not Working with an Experienced Workers’ Comp Lawyer
Now that you know what not to do while on workers’ comp, you’ll realize how important it is not to try to handle your case on your own. An experienced workers’ compensation attorney at Stewart Law Offices can help you navigate the complicated benefits system. When you work with us, we’ll help you meet deadlines, file the necessary paperwork, present a compelling claim, and review any settlement offers you receive. Call us today for a free consultation.