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Common Mistakes to Avoid When Filing a Workers’ Compensation Claim

Kaylee Cordell
October 13, 2025
Uncategorized

When an injury happens at work, the process of seeking the compensation you need can feel overwhelming. Many people assume filing a workers’ compensation claim is simple, but even small errors can lead to delays, denials, or reduced benefits. At Mickle & Bass Law Firm, we’ve seen countless cases where clients inadvertently hurt their own claim before seeking help. Our goal is to empower you with the knowledge necessary to protect your right to fair compensation from the very start.

Not Reporting Your Injury Immediately

A common but critical error we see is waiting too long to report an injury for workers’ compensation. South Carolina law requires prompt notification. Delaying this step can raise doubts about the injury’s cause and connection to your work. Always report the incident, even if the injury seems minor at first, and ensure you do it in writing to your supervisor. This crucial initial documentation protects your claim and establishes a clear timeline for your legal process.

Failing to Seek Proper Medical Attention

Neglecting immediate and proper medical care is a serious mistake that can undermine your claim. The insurance company will scrutinize any gaps in your treatment. You must follow all doctor’s orders and attend all scheduled appointments diligently. Seeking medical attention not only prioritizes your recovery but also creates the necessary, comprehensive paper trail that legally connects your injury to your employment.

Ignoring Your Right to Choose Your Doctor (in Certain Cases)

While your employer or the insurance company may suggest a specific medical provider, it’s a critical mistake to assume you have no choice in the matter. South Carolina law provides specific rules regarding your right to select a physician, often after the initial visit. Accepting the first recommendation without understanding your options may lead to subpar care or a provider focused more on minimizing costs than your recovery. Our compensation lawyers ensure you understand your rights to proper medical treatment and that your health remains the top priority throughout the claims process.

Giving Recorded Statements Without Legal Counsel

When contacted by the insurance adjuster, it is natural to want to cooperate, but providing a recorded statement without an attorney is risky. Adjusters are trained to ask questions that can be used against your claim. You might unknowingly minimize your injury or contradict previous statements, jeopardizing your benefits. It is our strong recommendation to politely decline a recorded statement until our experienced workman’s comp lawyers can advise you.

Misunderstanding the Difference Between Injury and Compensation

Many people confuse the injury itself with the legal matter of securing compensation. The reality is that sustaining an injury at work is only the beginning of a complex legal journey. A successful claim requires proving eligibility and maximizing your benefits. Understanding that this process requires meticulous documentation, legal advocacy, and negotiation is key to securing the full amount of compensation lawyer firms like ours are committed to fighting for.

Submitting Incomplete or Misleading Paperwork

Submitting forms that are incomplete, contain factual errors, or misrepresent the severity of your injury is a common and costly error. Insurance adjusters will use any discrepancy to delay or outright deny your claim. We recommend treating every piece of documentation—from the initial incident report to medical records—as vital legal evidence. Our experience is your assurance that all forms are filed correctly and meticulously, protecting your right to benefits.

We understand how confusing and stressful an injury at work can be, which is why transparent communication and dedicated advocacy are at the core of our practice at Mickle & Bass Law Firm. By avoiding these common errors, you put yourself in a much stronger position to recover the benefits you deserve. Contact us today for a free consultation to ensure your claim is handled correctly from day one.

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Steps to Take Immediately After Suffering a Workplace Injury
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