If you’ve been injured at work and are navigating the Workers’ Compensation process, it’s essential to understand not only what you can do, but also what you should avoid doing to ensure your claim is handled smoothly and effectively. At Rob Levine Law, we understand that recovering from an injury is stressful enough without the added concern of making mistakes that could affect your benefits. Below are some of the key things to avoid while on Workers’ Compensation in Massachusetts and Rhode Island.
1. Don’t Return to Work Without Medical Approval
One of the most important things to remember is that you should not return to work before your doctor clears you to do so. Even if you feel better, working before you’re fully recovered can make your injury worse and hurt your Workers’ Compensation claim. If your doctor recommends restrictions or a gradual return, follow those guidelines carefully. Going against medical advice can not only jeopardize your health but may also lead to delays or denials of benefits.
2. Don’t Miss Deadlines for Filing or Reporting
In both Massachusetts and Rhode Island, the timing of your report is critical, and while it is always best to report immediately, specific statutory requirements apply: in Massachusetts, if your injury causes you to be disabled from work for more than five days, you have seven business days to notify your employer of your Workers’ Compensation injury, and while missing this deadline might still be overcome, it is why consulting a lawyer is recommended; in Rhode Island, the notification to your employer should be “immediate or as soon as practical,” with a separate two-year statute of limitations for filing the official claim with the state. Failing to meet these deadlines could result in a denial of your claim, so it is crucial after a work-related accident to report the injury to your employer and file your paperwork promptly.
Additionally, each state has its statute of limitations for filing a Workers’ Compensation claim:
- Massachusetts: You generally have four years from the date you first became aware of the connection between your injury and your employment to file your claim.
- Rhode Island: The Statute of Limitations (SOL) for filing a workers’ compensation petition with the state is generally two years from the date of the injury or incapacity. However, the employee must provide notice of the injury to the employer within 30 days of the injury’s happening or manifestation. Furthermore, you should notify your employer if you are disabled from work for more than three days.
These deadlines are critical to preserving your right to benefits. Always keep track of key dates to avoid losing your opportunity for compensation.
3. Don’t Engage in Activities That Could Aggravate Your Injury
While you are on Workers’ Compensation, it’s crucial to follow your doctor’s orders and avoid activities that might worsen your injury. Engaging in activities that are inconsistent with your treatment plan, such as lifting heavy objects, participating in sports, or even strenuous household chores, can make your recovery longer and more difficult. Furthermore, if your insurance carrier suspects you’re not following medical advice, they may challenge your claim, which could affect your benefits.
4. Don’t Provide False or Inaccurate Information
Honesty is key when dealing with Workers’ Compensation. Providing false or misleading information about the nature of your injury, your daily activities, or your recovery process can have serious consequences. Insurance companies and employers will likely conduct investigations, which may include surveillance, social media monitoring, or interviews with co-workers and others who might have information about your activities. Any inconsistencies in your statements could result in your claim being denied or even in legal consequences. Always be truthful about the extent of your injury and your activities.
5. Don’t Accept a Settlement Without Legal Advice
If you’re offered a settlement from the insurance company, do not accept it without consulting with an attorney at Rob Levine Law. Often, initial offers are less than what you are entitled to, and accepting too soon can prevent you from getting the compensation you deserve. A Workers’ Compensation lawyer can help you understand whether the offer is fair and, if necessary, negotiate on your behalf to ensure you receive the full benefits you’re entitled to.
6. Don’t Ignore or Delay Medical Treatment
While on Workers’ Compensation, staying up-to-date with your medical treatment is critical. Missing appointments or failing to follow up with your doctor can delay your recovery and reflect poorly on your claim. It’s important to continue following your prescribed treatment plan to ensure the best possible outcome for both your health and your case.
What You Should Do:
- Report your injury immediately to your employer and file your claim as soon as possible.
- Follow your doctor’s orders and avoid activities that may worsen your injury.
- Stay on top of deadlines for filing your claim and any required paperwork to protect your right to compensation.
- Be honest with all parties involved—insurance companies, employers, and your doctor.
- Consult with a Workers’ Compensation attorney before accepting any settlement to ensure it’s fair and reasonable. Call (800) 742-3920 or reach out online. Our workers’ compensation lawyers are here to help you understand your options and take the next steps toward securing the benefits you deserve.
