Most Common Mistakes Federal Employees Make When Filing for Workers’ Compensation
If you’ve been hurt on the job, you could be entitled to benefits. The road to federal employee workers’ compensation begins by filing a claim. Learn the common pitfalls of this process to streamline your submission and ensure you receive every dollar you’re entitled to.
Not Reporting the Accident Promptly
Your initial reaction might be to downplay a workplace injury, but reporting the injury immediately is crucial to establish a clear link between the injury and your workplace. Delayed reporting can lead to skepticism about the injury’s seriousness or whether it occurred at work, potentially jeopardizing your claim.
Not Documenting the Details of the Accident
Write down the specifics of how, when, and where the accident occurred. Explain what led to the incident, if any witnesses were present, and the immediate aftermath or injuries observed. The more detailed your documentation, the stronger your claim.
Delaying Medical Treatment
Seeking medical treatment immediately after a workplace injury is crucial, both for your physical recovery and to strengthen your claim. Delaying treatment may give the impression that the injury is not serious, impacting your ability to receive benefits. Immediate medical attention provides concrete evidence of your injuries and establishes a documented timeline for substantiating your claim.
Not Choosing an OWCP-Enrolled Healthcare Provider
For federal employees, it’s important to choose a healthcare provider enrolled with the Office of Workers’ Compensation Programs (OWCP). Treatment from non-enrolled doctors may not be covered, which can lead to out-of-pocket expenses and complications when filing your claim. Enrolled providers are (hopefully) familiar with the documentation and treatment protocols required for federal workers’ compensation claims, ensuring that your medical care aligns with OWCP guidelines.
Not Following the Doctor’s Recommended Treatments
Adhering to the treatment plan prescribed by your healthcare provider is crucial for your recovery and for substantiating your workers’ compensation claim. Ignoring or only partially following treatment advice may lead to questions about the severity of your injury and your commitment to recovery. Consistent follow-through on treatments, medications, and recommended therapy demonstrates your recovery efforts and provides a strong basis for your claim.
Failing to Submit Medical Records
Request copies of all paperwork pertaining to your diagnosis, treatment, prescriptions, and any advice or restrictions provided by your healthcare provider. Plan to submit these records with your claim to prove the extent of your injuries and the steps you’ve taken toward recovery.
Not Hiring a Federal Workers’ Compensation Lawyer
Navigating the claims process without legal assistance is a common misstep. A dedicated lawyer specializing in federal workers’ compensation offers invaluable advice and helps you file your claim properly. Legal experts know how to handle this complex system, from filing the initial claim to appealing denials. Their expertise can help you avoid pitfalls and maximize your chances of a favorable outcome.
Trying to Hide the Facts from the Lawyer
Full transparency is crucial. Withholding information from your attorney or not being completely honest about the circumstances surrounding your injury can backfire. Trust your lawyer with all the details to ensure they can build a strong case and advocate effectively for your best interests.
Failing to Appeal Unfavorable Decisions
You are not required to take no for an answer. Thanks to the appeals process, you have the opportunity to contest and overturn decisions based on incomplete information or legal misinterpretations. A skilled federal workers’ compensation lawyer can guide you through your appeal.
Attempting to Return to Work Too Early
Returning to work prematurely may lead to re-injury or worsened conditions, extending your recovery time. From a legal perspective, it also gives the impression that your injury is less serious than you originally claimed, potentially affecting your benefits. Closely follow your doctor’s advice about when and how you should return to work.
Refusing or Abandoning Suitable Modified Work
If your doctor clears you for light duty or modified work, and your agency offers a job that fits within those medical restrictions, you are generally expected to accept it. Refusing or walking away from suitable work—without a valid medical reason—can lead to a suspension or permanent termination of your workers’ compensation benefits. If you’re unsure whether the job offer truly matches your limitations, speak with your treating doctor or rehabilitation counselor before making a decision. This is a particularly dangerous point in your case. If you have not considered representation before, now you should.
Not Cooperating with Medical Exams or Vocational Rehab
OWCP may require you to attend second opinion or referee medical exams, or to participate in vocational rehabilitation services if you can’t return to your original job. Skipping scheduled exams or failing to engage in the rehab process can be treated as non-cooperation. That may result in lost benefits or other penalties. If you have concerns about an exam or a rehab assignment, it’s important to raise them right away with your representative or case manager to avoid unnecessary problems.
Partner with Aumiller Lomax on Your Federal Workers’ Compensation Claim
Dealing with the aftermath of your workplace injury is bad enough—the last thing you need is to be denied compensation. Aumiller Lomax is here to guide you and your employer through the process, ensuring you receive the benefits you deserve. With our nationwide reach, we serve federal employees wherever they are. If you’re having difficulty filing your claim, contact us at 856-751-0440 for a free consultation with our federal workers’ compensation lawyer.