Employees must be vigilant about reporting work injuries as quickly as possible after an accident occurs. The body parts injured and description of the accident reported need to be as consistent as possible throughout the claim, ESPECIALLY WITH THE INITIAL EMERGENCY ROOM OR TREATING PROVIDER!
Accidents that take place on a Friday must be reported before the employee leaves work for the weekend.
Employees should NEVER refuse medical treatment after an accident. Failure to take a drug test will create a legal presumption that the employee was impaired and that intoxication was responsible for the accident.
While a history of multiple workers’ comp claims may result in additional scrutiny, some occupations are very physically demanding and multiple legitimate claims are bound to occur.
Frequently changing jobs is rarely a true indicator of a fraudulent claim but the claim of an employee who has reported work related injuries at one job after another within a relatively short period of time will be given particularly close attention.
Here Are Some Ways I Suggest How Employees Can Successfully Combat These Red Flags:
- Monday morning report of a injury the preceding week.
- Suspicious medical and/or legal providers.
- Conflicting descriptions of an accident or injury.
- Employee refuses treatment.
- Injured worker is hard to reach.
- Employment change.
- No witnesses to an accident.
- Employee with history of claims.
- Late reporting of injury.
- Employee with frequent history of changing doctors, addresses or jobs.
If your employer attempts to contact you after your accident, be available for phone calls but do not give a recorded statement to an insurance adjuster without legal representation.
Employees should request a copy of the employer’s posted panel of physicians immediately after an accident. They should then consult with an attorney who will be able to immediately determine if the panel is valid and which doctor on the panel is best suited to treat their injuries.
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