Five Common and Costly Mistakes People Make When Filing a Workers’ Comp Claim
If you’ve been injured on the job, you’re not just dealing with pain and recovery; you’re also facing the complex, often frustrating process of filing a workers’ compensation claim. The system is designed to help, but small errors can lead to major delays, denials, or reduced benefits.
For workers local to San Luis Obispo and Santa Barbara Counties, securing your benefits depends on careful attention to California’s strict rules.
Here are the five most common and costly mistakes injured workers make and how you can avoid them.
Mistake #1: Failing to Report the Injury Immediately
In California, you must provide written notice of your work injury to your employer within 30 days of the injury or the date you knew the injury was work-related. However, waiting even a few weeks is a critical mistake.
Why it's costly: Insurance companies look for any reason to argue that the injury wasn't serious or wasn't work-related. A significant gap between the injury date and the report date allows them to claim that something else must have caused your condition.
How to avoid it: Tell your supervisor immediately, or as soon as medically possible. Follow up with a written report and ask for a copy of the official DWC-1 claim form from your employer. The sooner you report, the stronger your case.
Mistake #2: Delaying Medical Treatment or Ignoring Your Doctor’s Orders
The most important evidence in your claim is your medical documentation. Workers often try to "tough it out" or skip physical therapy appointments, but this can severely damage your claim.
Why it's costly: If you delay seeking care, the insurance company will argue that your injury wasn't severe enough to warrant compensation. If you fail to follow a treatment plan—such as skipping appointments, returning to work against medical advice, or failing to take prescribed medication—the insurer can claim that you are not motivated to recover or that your ongoing disability is your own fault, not the result of the workplace injury.
How to avoid it: Seek medical attention immediately after reporting your injury. Be thorough and honest with your doctor about all pain and limitations. Attend every appointment, follow all medical restrictions, and keep detailed records of your treatment.
Mistake #3: Providing Inaccurate or Incomplete Claim Paperwork
The official DWC-1 claim form and other subsequent paperwork require precise legal details about the incident, your injury, and your employment. Filing a claim is an administrative process governed by specific rules.
Why it's costly: Mistakes, omissions, or vagueness on these forms can lead to immediate delays or denial letters from the insurance adjuster, forcing you into a difficult and time-consuming appeal process.
How to avoid it: Treat the paperwork seriously. If you are unsure how to describe your injury or the circumstances of the accident, seek professional help. Many legal issues can be resolved simply by submitting the proper, correctly prepared paperwork. A local resource like Lazar Legal Solutions in Santa Maria specializes in professional Legal Document Assistance to help ensure your filing is accurate and complete, saving you time and avoiding common pitfalls.
Mistake #4: Speaking to the Insurance Adjuster Without Professional Guidance
After filing your claim, you will likely be contacted by the insurance company’s adjuster, who is paid to protect the company's bottom line—not yours. They may ask for a "recorded statement."
Why it's costly: Adjusters are trained to ask leading questions designed to elicit statements that minimize your injuries, shift blame to you, or create inconsistencies with your written claim. Even a polite conversation can be used against you.
How to avoid it: You are generally required to cooperate, but you are not obligated to provide a recorded statement without legal consultation. Politely tell the adjuster that your legal representative (or document assistant) will handle all correspondence. Getting guidance from an experienced local professional can ensure you protect your rights from the very start.
Mistake #5: Posting About Your Case on Social Media
In today's digital world, every claim is subject to scrutiny. Insurance investigators routinely monitor social media platforms like Facebook, Instagram, and TikTok.
Why it's costly: A photo showing you lifting a child, gardening, or enjoying a day out—even if it's from before the injury or you're simply having a good day—can be taken out of context and presented as evidence that your injury is exaggerated or fabricated. Even venting about your case or the claims process can be used to undermine your credibility.
How to avoid it: While your claim is pending, assume that everything you post is visible to the insurance company. Adjust all your social media profiles to private, avoid posting photos or videos of yourself engaged in physical activity, and refrain from discussing your injury, claim, or recovery online.
Don’t Go It Alone
Navigating a California Workers’ Compensation claim is complicated. If you are a California Central Coast worker needing help with accurate paperwork or professional legal guidance to secure the benefits you deserve, affordable help is available locally.
Contact Lazar Legal Solutions at lazarlegalsolutions.com to learn how their team can provide the assistance and support you need to maximize your claim and avoid these five major errors.