If you are injured at work and seek workers’ compensation benefits, you’ll receive a lot of unsolicited advice, mostly about what you should and could do. However, knowing what not to do while on workers’ compensation is equally essential.
As an injured employee, you might be entitled to medical and wage replacement benefits while you recover from a workplace injury, but you must qualify for these benefits and follow specific rules and procedures to continue to be eligible.
At EMP Law, we compiled this list of what not to do while on workers’ comp to help you avoid denials and delays and ensure you receive the maximum compensation possible.
5 Things Not to Do While Receiving Workers’ Comp Benefits
You do not want to look back and think, Workers comp ruined my life. Instead, you want to look back and feel thankful you received what you needed while recovering from a work accident. Here are five things you should avoid while receiving workers’ comp benefits.
Do Not Disregard Your Doctor’s Orders
One of the biggest things to refrain from doing while on workers’ comp is disregarding doctor’s orders. Once you are diagnosed and receive a treatment plan from your doctor, you must follow through. You must continue with all necessary and prescribed treatment to be eligible for benefits.
If you stop showing up for doctor’s appointments, rehabilitation, or therapy, the insurance carrier may deny or terminate your benefits. Remember, the overarching goal is to get you back to work and your everyday life as soon as possible.
Exaggerate or Minimize Your Injuries
When speaking with an insurance adjuster or seeing the doctor, do not exaggerate or over-embellish the extent of your injuries. On the other hand, you also do not want to downplay the importance of your injuries in the hopes of being cleared to return to work. Ensure you answer the doctor’s questions honestly and to the best of your ability.
Describe your injury, symptoms, pain, and consequences of your injury as factually and accurately as possible. This will ensure an accurate and reliable record. The last thing you want is for the physician to note that they suspect you are being dishonest about your symptoms.
Do Not Work on the Side
Wage replacement benefits are intended to replace your regular income while recovering from your injury. Working on the side or taking on odd jobs to supplement that income is often tempting, but this can jeopardize your claim. If you are working, even in an alternative capacity than you typically would be, this shows you have the physical ability to work and do not require workers’ comp benefits.
More importantly, this is illegal and fraudulent. If you are attesting that you cannot return to work because of your injury but are caught working anyway, you are defrauding the insurance company.
Stay Off Social Media
One of the most important things not to do while on workers’ comp is to post on your social media pages. While it is often second nature for people to post about their daily lives on social media, we strongly encourage our clients to remain off social media when they have a workers’ compensation claim pending. A simple comment, picture, or video may seem harmless and innocent, but it can affect your workers’ comp claim.
For instance, if you file a workers’ compensation claim for a hip injury due to a fall at work but then post a video of you surfing, it shows you are not quite as injured as you may have stated. Even posts months after your accident can result in terminated benefits. Insurance companies routinely browse social media for this very reason. Avoiding social media altogether while receiving workers’ compensation benefits is best.
Represent Yourself
While it is not legally required to hire an attorney, we encourage anyone injured at work to consult with one when filing for workers’ compensation. Remember, the insurance company has your employer’s best interests in mind, which do not necessarily align with yours. They are looking to pay as little as possible, which might be much less than you deserve. Speaking with an experienced North Carolina workers’ comp attorney can ensure you receive the maximum benefit possible.
What Are You Allowed to Do While on Workers’ Comp?
You might be reading this and thinking there’s a lot you should not do, but what are you allowed to do while on workers’ comp? Each case is unique, and what one individual should avoid may be perfectly ok for you to do. Generally, as long as your injury does not prevent it, you may be able to continue with everyday household tasks and childcare duties. Usually, you are allowed to go on vacation and may even be able to work in some capacity. The best way to determine what you should and should not do is to speak with a seasoned workers’ comp attorney.
EMP Law: North Carolina Workers’ Comp Attorneys
If you still have questions about what not to do while on workers’ compensation, contact our experienced workers’ comp lawyers today for a free case evaluation. With offices conveniently located in Winston-Salem and Charlotte, NC, we are here for you!
Michael provides compassionate, diligent, and creative legal services that are tailored to meet each client’s specific needs. His experience relating to clients from diverse backgrounds makes him well suited for representing his clients across a broad range of legal areas. He practices in the areas of employment law and family law, and is experienced in criminal law.
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