What Not to Do While on Workers' Comp: 6 Mistakes

At Lehmbecker Law, our Seattle workers' compensation attorneys regularly see hard-working people struggling with work-related injuries. The workers' comp claims process can feel overwhelming, especially when you're trying to recover and put food on the table.

We understand how stressful it is to navigate workers' compensation benefits while dealing with medical treatment and lost wages. To help you avoid costly mistakes that could jeopardize your claim, we've created this comprehensive guide on what not to do while on workers' comp.

1. Minimizing Your Symptoms

Many workers (especially men) downplay their symptoms and level of pain, especially when talking to medical providers. This natural tendency to "tough it out" can seriously harm your workers' compensation benefits. Your medical records need to accurately reflect all your symptoms and limitations, as they serve as the foundation for your entire claim.

Be thorough and honest with your doctor about how your work-related injury affects your daily activities, pain levels, and ability to work. Don’t exaggerate your physical symptoms and restrictions, but also don’t minimize what you’re going through. Document everything from pain patterns to functional limitations. The Department of Labor and Industries (L&I) scrutinizes medical records looking for inconsistencies or gaps in symptom reporting. Proper documentation isn't just about securing benefits — it ensures you receive an appropriate medical treatment plan and work restrictions that support your recovery.

2. Missing Medical Appointments

Skipping or repeatedly rescheduling medical appointments can devastate your workers' comp claim. The Department of Labor and Industries views missed appointments as clear evidence that either your injury isn't serious or you're not committed to recovery. Your consistent attendance at medical appointments demonstrates the legitimacy of your injury and your dedication to healing.

If you must reschedule due to a genuine emergency, document the reason and arrange a new appointment immediately. Every gap in treatment gives L&I ammunition to question your claim. Your medical appointments create an ongoing record of your condition and progress, which is essential for maintaining your benefits and securing proper treatment.

3. Oversharing on Social Media

L&I now routinely monitors claimants' social media accounts as a standard part of their investigation process. What seems like an innocent posting can become powerful evidence against your claim. Social media content can be taken out of context to challenge your credibility. Even privacy settings don't guarantee protection, as posts can be shared or accessed through connections.

The safest approach is to avoid social media entirely while your workers' compensation claim is active. If you must maintain an online presence, never post anything about your injury, recovery, activities, or work status. Remember that everything you post could potentially become evidence in your case.

4. Doing Activities Outside Your Restrictions

The Department of Labor and Industries invests significant resources in monitoring claimants' activities, often through professional surveillance. What you consider a brief or minor deviation from your restrictions can become compelling evidence against your claim.

For instance, if you have a back injury with a 10-pound lifting restriction, even briefly helping a neighbor unload groceries from their car could be captured on video and used to dispute your entire claim. Even activities that don't cause immediate pain might violate your doctor's orders and jeopardize your benefits.

5. Refusing Light-Duty Work

When your doctor clears you for light-duty work and your employer offers a position within your restrictions, refusing it can lead to immediate termination of your workers' compensation benefits. While returning to work may feel intimidating, appropriate light-duty work often supports recovery and helps maintain your employment relationship.

However, any offered position must truly fit within your medical restrictions. Your employer must provide clear documentation of job duties and accommodate all limitations specified by your doctor. If you have concerns about whether a light-duty position is appropriate, consult your workers' comp attorney before making any decisions that could affect your benefits.

6. Making Settlement Decisions Without Legal Counsel

The timing and terms of your workers' compensation settlement can affect your financial security for years to come. L&I often presents settlement offers early in the claims process before the full extent of your injury and future needs become clear. These initial offers rarely account for potential complications, future medical needs, or long-term disability. Once you accept a settlement, you typically cannot seek additional compensation, even if your condition worsens. You could be losing out on thousands of dollars.

A workers' compensation attorney can evaluate whether settlement offers adequately address your future medical care, lost earning capacity, permanent limitations, and ongoing treatment needs. They can work to get you full and fair compensation. Never sign any settlement documents without having them reviewed by an experienced workers' comp lawyer who understands the full value of your claim.

Conclusion

Lehmbecker Law's workers' compensation attorneys regularly guide injured workers through challenging situations. We understand how simple daily decisions can have far-reaching effects on workers' comp claims. When you're dealing with a work-related injury, having professional legal counsel by your side can help you avoid mistakes and protect your right to benefits.

Whether you're just starting your claim or already receiving benefits, our team is here to help. Contact us today for a free consultation to discuss your case and learn how we can protect your interests.