Common Mistakes After a Workplace Injury in New York

A workplace accident that causes an injury can turn an ordinary day into one that is filled with stress and confusion. It doesn't matter where the injury occurs -- a construction zone, a warehouse, in an office, or in a retail space; employees often don't know what to do after a work-related injury.

Unfortunately, after an on-the-job injury, many employees make mistakes. These mistakes can jeopardize their right to a workers' compensation claim or other benefits.

Understanding what to do to avoid following a workplace injury can make a big difference in how a claim proceeds and if a person can collect workers' compensation benefits. In New York, the laws around a workers' comp claim are complex. But with the guidance of an experienced workers' compensation attorney like The Law Office of Carl Maltese, workers can protect themselves and get the benefits they deserve. They can help people understand common mistakes after a car accident.

Here are some of the most common mistakes after a workplace injury:

Failing to Report the Job Injury Immediately

One of the most common mistakes people make is failing to report the work injury immediately. Some people get hurt at work and hope that the pain will subside. Others fear that they will get retaliation from their employer. However, if you delay reporting the injury, it can seriously affect the validity of your claim. It also might be against the law.

In New York State, an injured employee must notify their employer of the incident within 30 days. When giving such notice, it must be in writing, as it's important to create a record that the injury was caused by a work accident.

It's best to record the entire process following the injury, too, as failing to report the injury could lead to disputes between the employee, the employer, and the insurance carrier. For more information, Long Island personal injury law firms may be able to help.

Not Seeking Medical Care Right Away

Another serious error that people make is delaying getting medical treatment. They might report the injury to their employer within the time limit, but if they don't see a doctor and think they can "tough it out," it could be detrimental to their health and their claim.

Keep in mind that medical records are very important in order to receive full benefits in these cases, and they help to establish the cause, nature, and extent of injuries. Without timely medical records, insurers may claim that the injury was not as serious as the employee claimed or not related to work.

In New York, the employee should visit a provider who is authorized by the Workers' Compensation Board (WCB) as soon as possible. Getting fast treatment ensures that the employee's health is put first, and it ensures compliance with state law.

Failing to Follow the Doctor’s Orders Following Medical Treatment

After seeing a doctor, some people choose not to follow doctor's orders following their initial medical treatment. For instance, if a doctor says to see a specialist, but the employee misses those medical appointments, it could affect their ability to receive workers' compensation benefits.

By following medical advise, it shows that the worker is taking things seriously, and this makes the claim more credible.

Not Filing a Workers’ Comp Claim on Time

When when a worker reports an injury and gets medical care, they might not file the claim properly and within the time frame. In New York, there is a limit of two years following the date of an injury or occupational disease to file a claim.

Failing to report the injury or missing the deadline can result in a total loss of benefits. Though it's true that the employer must report the injury to their workers' compensation insurance carrier, the injured employee must take some responsibility in this, too.

In New York, the employee must file Form C-3 (Employee Claim) and ensure that the WCB received the claim. A workers' comp attorney can help with this process.

Trusting the Insurance Company to Handle Everything When Injured on the Job

Manu people do everything right, and then rely on the insurance companies involved to handle everything. They trust that the insurance company has their best interests in mind. They do not. Insurance companies want to pay the least amount possible in regard to a a claim.

Employees should never solely rely on the insurance company to take care of their claim. Carriers often deny claims for lack of evidence, question medical opinions, or delay payments. This is where experience workers compensation lawyers become so valuable. They will help their clients and ensure that they get the compensation they deserve to cover lost wages, medical expenses, and other costs.

Injured Workers Returning to Work Too Soon

Oftentimes, pressure from employers, financial stress, or a desire to appear as a dedicated worker can push injured workers to return to work before they are physically ready. This often backfires. Returning to work before a person is ready can make injuries worse, extend recovery time, or create a permanent limitation.

On top of this, if a worker goes back to work, and then they reinjure themselves, the insurance company can dispute this. They might also say the first injury was a pre-existing condition, which can complicate things.

It's always best to get legal representation and make sure that you are ready to go back to work before you do. This way, you likely won't have to worry about things such as secondary injuries or previous injuries affecting your current claim.

Misrepresenting the Extent of the Injury

Those were the top five mistakes people make after a workplace accident, but there are more. Another is misrepresenting the extent of the injury. Some people who have suffered a workplace injury will state that the illness or injury is much worse than, or not as bad as, it truly is. This can lead to allegations of fraud, which will carry serious financial and legal consequences.

When describing the condition, it is crucial to be as accurate as possible and report worsening symptoms, or feeling better, as soon as possible.

Speaking Directly to Investigators Without Legal Advice

Insurance companies sometimes hire an investigator to get information about a claim. They might approach the injured worker to ask questions, collect surveillance, or look at things like social media posts.

It's very important that an injured worker avoid giving recorded statements without the assistance of a lawyer. If someone makes contact with you from an insurance company, refer them to your lawyer. They can advise on common mistakes after a slip and fall as well.

Ignoring Mental or Emotional Health Impacts

Workplace injuries can affect more than jut the body. You might have chronic pain, reduced mobility, or financial stress. This can all take a toll on mental health. Anxiety, depression, and PTSD are not uncommon following a serious workplace accident.

Ignoring issues like these can be a big mistake, and it can affect fully recovering from the injury. In New York, workers' comp will cover mental health conditions that are directly related to the injury or trauma.

Posting About the Injury on Social Media

In today’s digital world, many workers inadvertently harm their own cases by posting about their injury online. Photos, videos, or casual comments on social media can be used as evidence by insurance companies to dispute a claim.

Even a seemingly harmless image — such as attending a social event — may be taken out of context and used to suggest that the injury is exaggerated. The safest approach is to refrain from posting about the injury, work situation, or lifestyle while the claim is active.

Not Consulting an Attorney for Legal Representation

Perhaps the most avoidable mistake is failing to seek legal advice early in the process. Workers’ compensation claims involve strict deadlines, complex paperwork, and potential disputes with employers or insurers.

An experienced attorney can help navigate these challenges, ensure that the proper evidence is submitted, and represent the injured worker in hearings or appeals. Legal guidance is especially valuable when a claim has been denied, when benefits are delayed, or when the injury involves permanent impairment.

The Law Office of Carl Maltese provides knowledgeable representation for injured workers throughout Long Island and New York. With decades of experience in personal injury and workers’ compensation law, the firm helps clients pursue full and fair benefits while protecting their rights at every stage.

Contact the Law Office of Carl Maltese for a Free Consultation

Mistakes made after a workplace injury can have lasting consequences. From missing reporting deadlines to relying too heavily on insurance companies, even minor errors can jeopardize a valid claim.

By acting quickly, seeking proper medical care, and consulting an attorney, injured workers can avoid these pitfalls and focus on recovery. The workers’ compensation process can be intimidating, but informed decisions and professional legal support make all the difference.

For those facing the aftermath of a workplace injury on Long Island, The Law Office of Carl Maltese stands ready to provide the guidance and advocacy necessary to protect their future.