Switch to ADA Accessible Theme Close Menu
Vermont Workers’ Compensation Lawyer > Blog > Workers Compensation > Mistakes That Could Derail Your Workers’ Compensation Claim

Mistakes That Could Derail Your Workers’ Compensation Claim


While you have the right to recover workers’ compensation benefits after suffering a work-related injury, it is up to you to ensure you receive the benefits you deserve. Certain actions or inactions can derail your claim and adversely impact your ability to collect the benefits you are entitled to. It is crucial that you avoid any misstep that can derail your case and adversely affect your ability to recover your deserved compensation. As workers’ compensation attorneys, we have seen injured employees make several mistakes that derail their workers’ compensation cases and adversely affect their ability to recover the compensation they deserve. Below are some mistakes that could derail your workers’ compensation claim that you need to avoid.

Assuming Your Employer Will File the Claim

After suffering a work-related injury at work, you are required to report your injury to your employer within a specific amount of time. In Vermont, you must report your injury immediately or as soon as possible. After you notify your employer of your injury, they are required to file a workers’ compensation claim with their insurance company. However, not all employers diligently file a workers’ compensation claim after an employee notifies them of an injury. So, you should not assume your employer will file your claim. Check with your employer to see if they have filed your claim. You can file your claim if your employer does not file it. If your employer does not file your workers’ compensation claim in Vermont, you can request and fill out an “Employee’s Notice of Injury and Claim Compensation” form.

Hiding Information From Your Doctor

Your doctor needs to know if you have a pre-existing injury. If you are scared that you may not recover compensation if you say you have a pre-existing injury, you should know that having a pre-existing injury does not automatically bar you from recovering workers’ compensation benefits. On top of being honest about any pre-existing conditions, you need to be honest about the pain and discomfort you are experiencing because of your injury. If you hide information from your doctor and the insurance company finds flaws in your case during investigations, your case may be derailed, and your chances of recovering the benefits you deserve may be affected.

Disobeying Your Doctor’s Orders

When your doctor tells you to do or avoid doing something, you should listen to them. If you fail to follow your doctor’s orders, the insurance company can argue that your injuries are not as severe as you claim. The insurance company may claim that your injuries could have been limited if you had listened to your doctor.

Not Hiring a Lawyer

One of the worst mistakes you can make is handling your workers’ compensation claim alone without an attorney. The workers’ compensation system is too complex for you to handle your case alone.

Withholding Information From Your Lawyer

Finally, hiding things from your attorney can harm your case. Keeping things from your lawyer can hurt your chances of recovering the benefits you deserve. Be honest with your attorney so they know how best to help you.

Contact a Vermont Workers’ Compensation Attorney

If you’ve suffered a work-related injury, contact the skillful Vermont workers’ compensation attorneys at Sluka Law PLC for help obtaining the compensation you deserve.

Facebook Twitter LinkedIn