Even if your injury is legitimate, certain habits can hurt your case. Telling your doctor you’re “fine” when you’re not, missing an appointment, or posting something on social media can all raise questions about your injuries.
Fortunately, many of these mistakes are avoidable. Here are some common habits that can hurt your New York workers’ compensation case and what you can do about them.
Your medical records help determine your benefits. Here are some mistakes that can hurt your case:
Downplaying or exaggerating symptoms. Be honest about what hurts, when it hurts, and what you can’t do. Saying you’re “fine” when you’re not—or making symptoms sound worse—can create problems.
Leaving out injuries. Report every injured body part, even if one hurts more than the others. Tell your doctor about new symptoms and make sure your records connect your injuries to work.
Ignoring mistakes in medical reports. Check for missing injuries, incorrect symptoms, or an inaccurate description of your accident. Ask your doctor to address errors and notify your attorney.
Missing appointments. In New York, workers receiving lost-wage benefits generally need updated medical evidence at least every 90 days. Schedule follow-ups early. If you can’t attend an insurance-company medical exam (IME), notify the appropriate parties promptly and arrange to reschedule.
Your credibility matters at a workers’ compensation hearing. These mistakes can make the judge question your testimony:
Talking too much. Listen carefully, answer the question you’re asked, and avoid adding unnecessary details that could create confusion.
Guessing instead of admitting you don’t remember. If you’re unsure about a date, accident detail, or medical treatment, say so. An incorrect guess can make your testimony seem inconsistent.
Hiding previous injuries or accidents. An old injury or a new accident doesn’t automatically invalidate your claim, but failing to disclose it can damage your credibility. Tell your attorney about both.
Being argumentative or unprepared. Stay respectful, listen to the judge, and take the hearing seriously. For virtual hearings, dress appropriately, find a quiet place, and avoid distractions. If you need a suitable location, ask whether you can attend from your attorney’s office.
What you do outside the doctor’s office can affect your benefits. Here are some habits that can put your checks at risk:
Posting questionable content on social media. Photos or videos that appear to contradict your reported injuries can be used against you. Even private posts or pictures you’re tagged in may reach the insurance company. If a post becomes an issue, talk to your attorney rather than deleting evidence.
Ignoring your medical restrictions. Insurance companies may use surveillance footage to question your injuries. A short video might not show your pain or recovery time, but it can still create problems. Follow your restrictions and tell your doctor if your abilities change.
Failing to report work or income. If you’re working, doing side jobs, or earning money while collecting benefits, make sure you disclose it as required. Hiding work activity can put your checks at risk.
Not keeping up with job-search requirements. Some injured workers in New York must show they’re looking for work within their medical restrictions. If this applies to you, failing to document your efforts could affect your lost-wage benefits.
You can still be injured and have your workers’ compensation checks stopped. These mistakes can put your lost-wage benefits at risk:
Missing medical appointments. If your medical evidence becomes outdated, your payments may be affected. Keep up with follow-ups and promptly address any IME you can’t attend.
Turning down suitable light-duty work. Refusing a job that fits your medical restrictions could affect your checks. Get the offer in writing and review it with your doctor and attorney before responding.
Not documenting your job search. Some injured workers in New York must show they’re looking for work within their restrictions. If this applies to you, keep records of your applications and other efforts.
Staying out of work after being medically cleared. Don’t assume remaining out longer will increase your case’s value. Follow your doctor’s restrictions and discuss your return-to-work options with your attorney.
Ignoring changes to your work status. If your doctor clears you to return to work, or your hours and wages change, make sure the Workers’ Compensation Board and insurer are informed. Being injured doesn’t automatically mean you qualify for the same lost-wage payments indefinitely.
A settlement offer can sound great when you’re out of work and need money. But rushing into a deal can leave you with less than you expected.
Staying out of work just to increase your settlement. More time collecting weekly checks doesn’t always mean more money overall. In certain New York cases, those payments may be deducted from your final award.
Accepting the first offer without reviewing it. The insurance company may offer a settlement before the full extent of your injury is known. Have your attorney explain what the offer covers and what you’d be giving up.
Settling before you understand your future medical needs. You may still need surgery, medication, or ongoing treatment. Reaching maximum medical improvement (MMI) can help clarify your permanent limitations and future care needs.
Not understanding what you're signing. A Section 32 settlement can permanently close your lost-wage benefits, medical benefits, or both. Don't assume Medicare or private insurance will cover future treatment. Review any Medicare Set-Aside requirements, resignation agreements, and child support obligations before signing.
Worried that a mistake might have hurt your case? Don't assume it's too late to do something about it.
I've spent over 17 years helping injured workers in New York, and I know how frustrating this process can be.
If you have questions or aren't sure what to do next, give me, Rex Zachofsky, a call anytime. We'll talk through what's going on and help you understand your options.
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