Law Offices of Kennedy and Brown

How Do I Maximize My Workers’ Compensation Claim?

If you’re having to claim workers’ compensation insurance, chances are, you could be feeling better. Perhaps you’re unable to work for an extended period of time, or you’ve suffered an injury that will be with you for a while.

You should, then, know how to maximize your workers’ compensation insurance claim. Yes, there are some general pointers and work comp can only get you so far in terms of monetary compensation, but that doesn’t mean you shouldn’t try and make the most of it.

Now, we know, you’re injured, you’re probably not feeling quite up to the task. But, with our top 7 essential tips for maximizing your work comp insurance claim, you’ll do it quickly and efficiently.

#1 – Immediately seek medical attention

Don’t dilly-dally, now’s not the time for it, no way! If you’ve sustained an injury while at the workplace, go and see a doctor as quickly as possible. Don’t wait a couple of days to see if you’ll feel better.

This way, you’re not allowing the insurance company additional time to find a way to deny your claim. The sooner you see a doctor for your injury, the better.

#2 – Notify the employer right away

If you got hurt on the job, don’t postpone notifying your employer. The more you wait, the more ammo you’re giving to your employer’s work comp insurance firm to shoot down your claim.

Similar to seeking immediate medical attention, you should tell your employer you’ve injured yourself at the workplace as soon as you physically can. The key to maximizing work comp insurance benefits is swift action.

#3 – Be quick with filing your work comp claim

We’re getting old with being quick about it, aren’t we. But what can we do when decisive action is the most important action of a successful workers’ compensation claim. There are deadlines involved, and they differ from state to state.

Get informed, and get to work. See what kind of deadlines you’re facing, and make sure to file your claim as soon as you can. If you miss a deadline, chances are you’re going to be missing out on work comp benefits.

#4 – Choose your own doctor

Your employer’s insurance company will make sure to authorize a physician to help you through this difficult time. However, you do have to keep in mind that, most likely, these kinds of doctors have conflict of interest.

For example, the doctor who receives a paycheck from the insurance company may see fit to deem you ready to go back to work before your body actually is ready. So, always ask for a second opinion when it comes to work comp claims.

#5 – Be specific and use details

Part of successfully claiming workers’ compensation benefits is describing how the event during which you sustained an injury transpired. Our advice is this – be honest, don’t hide any preexisting conditions, as the insurance company might use it against you, and be detailed.

Be as detailed as possible, as every little bit of information that depicts how you were actually injured while at the workplace contributes a lot towards making a successful claim. Don’t leave anything out, and don’t make excuses for your employer and the working conditions.

#6 – Know that they’re watching you

Not to sound too Orwellian or anything, but you have to be aware of the fact that the insurance company is watching your every move, waiting for you to stumble, use it against you, and try to deny you your work comp compensation.

That means you have to be vigilant and you have to pay attention to how you behave. They can catch you, for example, taking groceries out of the car, film you, and use it against you. They’ll say you’re not that badly injured, and that your claim has no merit.

Also, know that the insurance company will also

  • Monitor your social media activities and try to catch you on the wrong foot there.
  • Closely scrutinize all your medical records and try to find a reason to deny your claim there.
  • Make sure they know if you’ve missed any appointments, and use it against you.

#7 – Be ready to take an IME

It is really common for an insurance company to demand that you undergo an Independent Medical Examination, or IME for short. This kind of examination will be left in the capable hands of the insurance company’s own doctors.

They’re working for the company, have no doubt about that. Their task is to provide the insurance company with a reason to deny your claim. Try and consult another doctor before undergoing an IME, and never refuse it, as it will mean immediate termination of the claim.

And yes, we know all of this does sound a bit complicated, and that you might need additional help dealing with it all. Luckily, we’re able to provide you with even more essential work comp-related information at

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About the Author

I offer personalized legal aid in Forty Fort, PA. I'm specialize in a variety of case areas, including personal injury, slip and fall injuries, workers compensation, auto accidents, dog bite attacks, wrongful death and survival cases, and Social Security disability.

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