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How to Recover From Your Injuries Without Destroying Your Workers' Comp Case
Admin • April 5, 2018
The workers' compensation program has provided relief to many people who have had to stop working or reduce their work after an injury on the job. It can be notoriously difficult to get an award, though, because the system is crowded. Despite many people's best efforts to simplify the system, the number of deadlines and applications can seem overwhelming.
Anyone who has been injured at work and who is facing a workers' compensation evaluation needs to have a lawyer working with them to ensure they miss no deadlines or paperwork submissions. But that's not the only way to prevent your case from going off the rails.
As time goes by, you'll begin to recover and be able to do more and more. But there is a risk that you'll accidentally send your case into the reject pile if you do something that looks like you're too functional to need compensation. Here's how to recover and regain your life without destroying your chances of getting a workers' compensation award.
Lock Down Social Media
It is very common now for insurance companies to look at social media accounts for pictures and descriptions of anything that could be used as proof of workers' comp fraud. This includes not only looking for pictures of you doing things that you claimed you couldn't do on your application but also finding status updates, tweets and more that could be construed as proving you live a normal life though you claim to have been severely injured.
Lock down your social media. Turn Facebook settings to "friends only" and do not friend anyone you don't really know. Many people like to friend whoever sends them a request; after a workers' comp claim, there's a good chance some of those people could be insurance investigators.
Make other social media settings private, but watch out on Twitter. Anyone who is already following you when you make your account private can still see your tweets. You may want to severely curtail your use of that system if you have followers you can't identify.
Assume You're Under Surveillance
When you go out, assume someone's watching. Even if investigators aren't tailing you, society might be doing so. The easy availability of phone cameras has also brought a culture of shaming along with them, with people posting videos of strangers in the street.
If you're caught on one, even in the background, doing something that looks like an activity you were supposedly unable to do (e.g., arguing with another driver after an accident when you said you couldn't drive due to your injury), that could ruin your case and get you charged with fraud.
The worst part is that even if you were doing something that was allowed by your doctor, you could have a tough time for a few months as the case is straightened out.
Keep Everyone in the Loop
Everyone in your case - your doctors, lawyers, workers' comp representatives and employers - should be kept in the loop. If you have recovered to the point where you can now take on extra physical activities, like safely operate a car, everyone needs to know so that no one thinks you were trying to pull a fast one.
Let people know if you're going on vacation - and get your doctor's OK first. Always, always get very specific guidelines from your doctor about what you can do, and then follow those instructions. If you can prove that you have been thoroughly honest and doing only those activities that your doctor allowed, you stand a much better chance of having your claim approved and having your money stay with you rather than being recalled by a court.
Get a workers' compensation lawyer on your side so that you can concentrate on recovery rather than form after form after form. David Naumann & Associates
is a law firm that knowns Missouri workers' comp law and can help you proceed with your claim.
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