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Common Mistakes Vermont Construction Workers Make When Filing for Workers’ Compensation

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Construction sites are among the most dangerous workplaces in Vermont. Heavy machinery, power tools, scaffolding, and unpredictable weather conditions significantly increase the risk of injury at construction sites. After suffering an injury at a construction site in Vermont, you may have the right to file a workers’ compensation claim and recover financial benefits, including medical benefits and wage replacement benefits. However, many injured construction workers make mistakes when filing for workers’ compensation, which can lead to delays, reduced benefits, or denied claims. Avoiding mistakes is crucial to protecting your rights after a construction accident and securing the compensation you deserve.

The following are some of the common mistakes to avoid when filing for workers’ compensation after a construction accident in Vermont;

  1. Failing to Report the Injury On Time

One of the worst mistakes you can make after suffering an injury at a construction site in Vermont is failing to report your injury to your employer on time. Vermont law requires that you notify your employer of a job-related injury immediately or as soon as possible. If you don’t report your injury to your employer on time, it can raise red flags and lead to a denial of your claim. Even if your injury seems minor, report it immediately, as some injuries may seem minor at first but then worsen over time.

  1. Delaying Medical Treatment

Not seeking prompt medical attention can result in your condition worsening. Minor injuries can worsen over time, especially those affecting the head, spine, or internal organs. Also, gaps in medical treatment can lead to the insurance company arguing that your injuries are not work-related or were worsened by another incident.

  1. Seeing the Wrong Doctor

Vermont law allows employers to decide which doctor an injured employee should see for their initial visit. However, after that, the employee can choose which doctor to see. Unfortunately, some employees don’t know this. Sometimes, an injured construction worker will continue to see an employer-chosen physician who may downplay their injuries.

  1. Failing to Document the Scene

One of the most crucial steps to take after a construction accident is documenting the scene. If possible, take pictures of the accident scene from multiple angles, capturing any safety violations, equipment involved, and your injuries. Collect the names and contact information of anyone who witnessed your accident, as their accounts can help corroborate your version of events.

  1. Missing Proper Documentation

Not having the proper documentation can seriously hurt your workers’ compensation case. Without accident reports, detailed medical records, and evidence like photos or witness statements, it becomes challenging to prove that your injury occurred at work. Your claim may be denied or reduced if you don’t have proper documentation. Gather and keep all paperwork related to your case.

  1. Not Following Doctor’s Orders

Failing to follow your treating doctor’s orders, such as ignoring restrictions or going back to work too soon, can hurt your claim. For example, the insurance company may argue that you are not as injured as you claim.

  1. Not Consulting an Attorney

Workers’ compensation cases can be complex. An experienced workers’ compensation attorney can help ensure you file your claim correctly, meet deadlines, and receive the full benefits you are owed.

Contact a Vermont Workers’ Compensation

If you’ve suffered an injury at a construction site, our experienced Vermont workers’ compensation attorney at Sluka Law PLC can help protect your rights and fight for the compensation you deserve.

Source:

labor.vermont.gov/workers%E2%80%99-compensation/injured-workers/claims-filing#:~:text=When%20you%E2%80%99re%20injured,of%20the%20injury.

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