3 Things to Avoid During an Active Workers' Compensation Claim

Dealing with a workers' compensation claim can be a challenging and stressful experience. With so much at stake, it's crucial to be mindful of your actions and choices during this time. Even seemingly small missteps can have significant consequences for your case. At Black & Jones Attorneys at Law, we want to ensure you have the best chance of securing the benefits you're entitled to. In this blog, we'll highlight three key things to avoid during an active workers' compensation claim to help you navigate this process successfully.

Avoid Social Media

In today's digital age, social media can feel like a second home. It's where we share life's milestones, vent our frustrations and connect with loved ones. However, during an active workers' compensation claim, social media can become a dangerous playground. Anything you post, whether it's a photo, status update or comment, can be scrutinized and potentially used against you. For example, if you're claiming a back injury but post a picture of yourself at a beach party, insurance companies may use it to question the severity of your injury.

To protect your claim, consider temporarily avoiding posting on your accounts or at the very least, setting strict privacy settings. Remember, even seemingly harmless posts can be misconstrued or taken out of context. It's best to err on the side of caution and keep your online presence minimal until your case is resolved.

Avoid Discussing Your Case

It's natural to want to talk about your situation with friends, family or even colleagues. However, discussing the details of your workers' compensation claim with anyone outside of your attorney can be risky. Casual conversations can be misinterpreted, and even well-meaning advice from friends can lead you astray. Insurance adjusters and defense attorneys are skilled at gathering information and may try to use any statements you make to undermine your case.

To safeguard your claim, limit discussions about your case to your attorney. They can provide the best guidance and ensure that your words aren't twisted or used against you. It's also important to avoid talking about your case over the phone or through email, as these communications can potentially be accessed and scrutinized. Never use your work or employer provided phones or email to communicate with your attorney. Those are the property of your employer and can be accessed by them at any time.

Avoid Exaggerating Symptoms

In the pursuit of fair compensation, it's crucial to be truthful about your injuries and symptoms. While it is obvious that you shouldn’t exaggerate the extent of your injuries to strengthen your case as that can backfire, sometimes things we say can be misconstrued to be exaggerations. For example, saying things like “my leg is killing me” can be taken by doctors as an intentional exaggeration when you merely wanted to convey that your pain level was very high. Instead, try to be as accurate and detailed about your symptoms so there is no confusion with the doctors. Remember, doctors use medical terms and language and not normal everyday conversational language.

Additionally, insurance companies often employ surveillance tactics to monitor claimants, and if you're caught engaging in activities that contradict your claims, it can severely damage your credibility.

Always be honest with your healthcare providers and attorney about the nature and extent of your injuries. This honesty will help build a strong, credible case. Remember, your medical records and statements are key pieces of evidence, and any inconsistencies can harm your chances of receiving the compensation you deserve.

Navigating a workers' compensation claim requires careful consideration of your actions, both online and offline. By avoiding social media, limiting discussions about your case and being honest about your injuries, you can protect your rights and improve your chances of a favorable outcome. At Black & Jones Attorneys at Law, we're here to guide you every step of the way. If you have any questions or need assistance with your claim, don't hesitate to reach out at 815-967-9000 or fill out our contact form for a free consultation. We're dedicated to helping you secure the benefits you deserve.