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5 Mistakes That Can Get Your Workers’ Compensation Claim Denied

Workers’ compensation insurance provides important support for workers who are injured on the job. However, mistakes made during the claims process can lead to a denial of benefits. A denied workers’ compensation claim can be a devastating blow to an injured worker. It can throw their family into financial turmoil and make it difficult to obtain medical treatment. In this blog post, we will discuss the top 5 mistakes that can lead to a denied workers’ compensation claim.

1. Failing to Report the Injury Immediately

One of the biggest mistakes injured workers make is failing to report the injury immediately. Many workers opt to wait until the pain becomes unbearable before notifying their employer. This can hurt their chances of receiving workers’ compensation benefits. It is important to report the injury immediately to ensure that the request for benefits is documented.

2. Failing to Seek Medical Attention

Worker CompensationAnother mistake workers make is failing to seek medical attention after an injury. This can hurt their case as it will be difficult to prove they are actually injured. Seeking medical attention immediately after the injury not only helps document the injury but also helps in developing a proper treatment plan. This can help speed up the recovery process and decrease the long-term effects of the injury.

3. Failing to File a Claim within the Statutory Deadline

Many states have a statutory deadline for filing a workers’ compensation claim. An injured worker has a limited timeframe to file a claim, failing which the claim could be denied. Failing to comply with the statutory deadline can result in a worker losing the right to receive workers’ compensation benefits.

4. Not Following the Doctor’s Orders

Injured workers are expected to follow the treatment plan prescribed by their medical provider. This includes following the doctor’s orders and attending all scheduled appointments. Failure to do so may lead the insurance company to believe that the worker is not making a genuine effort to recover. This can become a reason for denial of workers’ compensation benefits.

5. Failing to Hire an Attorney

Many workers fail to hire a workers’ compensation attorney when they are injured on the job. Seeking legal advice from an attorney who specializes in workers’ compensation can help an injured worker avoid making mistakes. An experienced attorney can help navigate the complex legal system and help injured workers obtain the benefits they deserve.

Gelman Gelman Wiskow & McCarthy Can Help!

If you have been injured on the job, it is important to remember that mistakes made during the workers’ compensation claim process could lead to a denial of benefits. Failing to report the injury immediately, failing to seek medical attention, not filing a claim within the statutory deadline, not following doctor’s orders, and failing to hire an attorney can all be reasons for a denied claim. To ensure that your claim is successful, it is important to hire a workers’ compensation attorney who can help guide you through the process. Contact Gelman Gelman Wiskow & McCarthy for a consultation today!

$800,000.00 settlement in less than nine (9) months!
In September of 2025, Phil Wiskow settled a legal malpractice case, resulting from a botched personal injury case, for $800,000.00. Most significantly, Mr. Wiskow settled the case less than nine (9) months after the client hired him. Since the client settled his botched case for over $200,000.00, the full amount of the client's recovery exceeded one million dollars.
Settled his 60 year old client’s motorcycle accident case for $1,700,000.00
In the Spring of 2017, Phil Wiskow settled his 60 year old client’s motorcycle accident case for $1,700,000.00. Frankly, the case would have settled for more money but the most culpable party only had a $300,000.00 liability insurance policy. The firm’s client, who was already disabled and receiving social security benefits at the time of his accident, sustained multiple lower leg fractures–which ultimately resulted in numerous surgeries and an above the knee amputation–when a delivery van blindly backed out of a loading dock and pinned his leg against his bike. The majority of the client’s settlement money was paid by the owner of a tractor-trailer and the lessee of the loading dock whose dangerous loading and unloading procedures blocked the van driver’s view of the motorcycle and the firm’s client’s view of the van.
VERDICTS & SETTLEMENTS
  • In the Spring of 2020, Phil Wiskow settled a motor vehicle/motorcycle accident case for the Defendant’s 1.3M policy limit. The terms of the settlement are confidential.
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