Injured? Avoid These 5 Mistakes if You Want to File a Claim
Do’s and Don’ts While Pursuing Compensation for an Injury
Whether you are injured at work or because of another person’s negligence or wrongdoing, there are ways to protect your rights and preserve your ability to receive compensation. You only have a limited amount of time to file a workers’ compensation claim or a personal injury lawsuit. Failing to file your case within the statutory timelines can affect or completely bar your ability to recover.
At the Law Office of Asaro & Associates, P.C., we have over 50 years of combined experience helping injury victims recover compensation. We give every case the personalized care and attention it deserves in order to get the best results.
If you have been injured at work or because of someone else’s wrongdoing, contact our office at (347) 231-5450 for a free consultation.
Filing an Injury Claim? Avoid These Mistakes.
In addition to failing to take immediate action after your injury, there are several things that can affect your right to recovery. It is essential to speak with an attorney as soon as possible after your injury to ensure that you receive the maximum compensation available in your case.
1. Not reporting a work injury.
Under New York law, most employers are required to carry workers’ compensation insurance. Workers’ compensation covers individuals who are injured at work but to ensure benefit eligibility; you must follow a strict set of guidelines. One of the most important is that you report your work injury to your supervisor immediately.
If you fail to notify your employer in writing of your injury within 30 days, you could lose your right to workers’ compensation benefits. You must also file a claim with the Workers’ Compensation Board. Regardless of fault, you should always consult with an experienced work site accident lawyer if you are injured while on the job.
2. Not getting a medical opinion.
A common mistake that most people make after they are injured is not seeking a medical opinion. It can be difficult to determine the extent of your injuries without a diagnosis by a doctor or health care provider.
Providing proof of your injuries is crucial to obtaining the largest possible recovery in your case. You should always seek medical treatment immediately after an accident and continue treatment until advised to stop by a doctor or provider.
3. Failing to document everything.
Whether you are seeking workers’ compensation benefits or filing a claim for damages against a responsible third party, you need to document everything. As soon as possible, you should make a note of everything that happened right before, during, and after your injury. Write down who you notified and when. Keep copies of anything you submitted to your employer, the Workers’ Compensation Board, or an insurance carrier.
4. Using social media too much.
Anything you post on social media after your accident can be used against you. It is important to avoid using social media to talk about your accident or to contact another party that may have been involved. Posting pictures can also hinder your recovery. A picture can be deceiving if taken out of context, particularly when you are awaiting compensation for your injuries.
5. Signing anything or speaking with insurance companies without a lawyer.
You should never sign anything or speak with an insurance company without first having your case reviewed by an attorney. Negligent parties or their insurance representatives may try to get you to release them from liability or use high-pressure sales tactics to get you to settle for less than your case is worth.
Early settlement offers rarely take into account the full extent of your injuries. If you accept a settlement or sign a release of reliability without first speaking with a lawyer, you may not be receiving the maximum compensation available in your case.
Contact Our Office for a Free Consultation
If you have been injured while working or as a result of another person’s wrongdoing, contact the Law Office of Asaro & Associates for a free consultation. Our attorneys will help you understand your rights and pursue compensation against any and all liable parties. It is critical that you act fast in order to ensure that you receive the recovery you deserve.
Call (347) 231-5459 or fill out our online contact form to speak directly with a member of our legal team. All consultations are 100% free of charge and confidential.