You might be surprised to learn that 25% of all head injuries occur in the workplace. Slips and falls, falling from above, and being hit by falling objects are all common causes of head injuries at work.
When you are injured at work, you should file a workers’ comp claim, as your employer is responsible for your medical bills as well as any long-term care that you may need and lost wages due to missed work.
However, sometimes your workers’ comp settlement is inadequate to cover these expenses. If you want to make sure this doesn’t happen to you, read on for five mistakes you should avoid in negotiating workers’ comp head injury settlements.
1. Not Seeking Immediate Medical Attention
Even if you think your injury is not that bad, you still need to get checked by a medical professional. Head injuries, in particular, might not seem that bad, but you could have a serious brain bleed and not know it.
Further, not seeking medical attention will often be used against you by the insurance company, as they may deny your claim and reason that your injuries must not be that severe if you did not go to the doctor.
2. Accepting a Low-Ball Insurance Settlement
Your employer’s workers’ comp insurance company wants to pay out as few claims as possible, and when they do have to pay out, they want to pay as little as possible. Because of this, they may try to offer you a lowball settlement amount shortly after you file a claim.
If you accept this settlement, you can’t change your mind later. Accepting a settlement offer means that you give up any opportunity to seek additional compensation in the future.
3. Waiting Too Long to File a Claim
Most employers have procedures in place specifying how you file a workers’ comp claim and the time frame during which you must file it. You might only have a few weeks to file the claim or else you forfeit your rights to workers’ comp.
The sooner you file the claim, the better, as that means the accident will be fresh in your mind, you show that you are serious about the claim, and you can hopefully get funds quicker to cover your expenses.
4. Posting on Social Media
Insurance companies will use whatever information they can find against you. If you post things on social media about your accident or photos of yourself doing things, the insurance company could try to use that information to deny your claim.
5. Not Seeking Legal Advice
While you might be able to file the initial workers’ comp claim on your own, if you are denied or the insurance company offers you a settlement much lower than what you think your claim is worth, you should speak with a personal injury attorney.
An experienced attorney can negotiate with the insurance company for you, advise you on what a fair settlement is, and help you decide when it is worth it to accept a settlement offer or when you should push for more.
Avoid These Mistakes When Seeking Workers’ Comp Head Injury Settlements
Workers’ comp head injury settlements could cost insurance companies a lot of money, especially if the injuries are severe. As a result, they may try to offer you a settlement much lower than what will cover your medical expenses and other costs related to the injury. By avoiding these mistakes, you can improve your chance of getting a fair settlement.
If you found this guide useful, check out some of our other pages for more legal guides.