|
| Workmans
Comp Back Injury Claim |
|
Question:
I am in the process of filling out some forms
for my employers comp carrier. The forms ask for
basic info, such as type of injury, date of
injury, any past illnesses, stuff like that. I
have a repetitive stress injury, caused by 15
years of heavy equipment operation. Are there any
do's or don'ts when filling out these forms?
Answer:
Rule #1 is always tell the truth. When you file a "WORKERS"
compensation claim, you must assume that at some point in the future all
your past medical records will become an issue. Never make an untrue
statement, especially if it contradicts statements and diagnoses of past
medical providers.
For example, if your condition is preexisting, you
might decide to play lawyer and conceal that fact on the theory your
employer is only responsible for virgin injuries. Then one day you file
a W/C Appeal Board suit and all your medical records are subpoenaed.
Something like that could really damage your credibility, possibly
subject you to perjury charges, and reduce any settlement/verdict.
Rule #2 is be sure about what you put in writing. Take the time to make
sure your answers are accurate since misstatements are just as bad as
lies.
Rule #3 is to be accurate about your injury. If it is truly causing
pain, suffering and inability to work, document everything. Any
ultimate settlement is based, in part, on a percentage of total
disability. It's hard to reconcile a back injury claim that "makes it
hard to work because you cannot concentrate" with a future claim of
total disability unless you document progressive deterioration.
Rule #4 is to assume your employer will
have a private detective investigate
you, which also means speaking to your
friends and neighbors to determine how
your injury has affected you. Employers
are highly suspicious when the claimed
injury is not witnessed by anyone except
the employee. Considering that statistics
estimate that between 40-85% of all
Workers Comp claims are either partially
or totally fraudulent.
 |
|
|
|
