Common Mistakes Employers Make in Handling Claims - Workers' Compensation

Workers' comp claims can get very complicated very quickly following a workplace incident. In Ohio, employers have several responsibilities that they must meet, by law, when handling workplace accident and employee injury claims. When an employer doesn't follow the proper procedures, it can delay benefits for the injured employee. It can also create legal disputes and increase claim costs.

Some employer mistakes happen simply because the workers' compensation process is confusing. Other mistakes happen because of poor communication or incomplete investigations.

It's important to understand common mistakes employers make in handling claims. Workers' compensation is a right employees have, and the employer has responsibilities to ensure those rights are met. There can be some common mistakes in reporting workplace injuries.

Here are some of those mistakes:

Failing to Report an Injury Immediately

One of the most common errors employers make is not reporting the injury as quickly as they should. In Ohio, it's important to document and report injuries as soon as possible. If timely reporting isn't done, it could create issues like:

• Disputes about when the injury occurred

• Questions about whether the injury happened at work

• Delayed medical treatment

• Delayed benefits

When an employer takes too long to report the injury, the claims process may become more difficult for all parties involved. Quick reporting also helps to preserve evidence and ensures the injured employee gets the medical attention they need.

Not Taking Employee Complaints Seriously

Some employers don't take injuries seriously because they seem to be minor. For instance, an employee might report back pain, knee pain, neck strain, or shoulder discomfort. These might initially seem minor, but they can, over time, because much more serious.

Employers who ignore or minimize an employees injuries can create bigger problems for themselves if the condition gets worse. Every injury, even minor ones, should be documented by both the employee and the employer.

Incomplete Accident Investigations for Workers Comp

Making sure an accident investigation is done is often critical following a workplace injury.

Unfortunately, some employers don't gather the evidence they need following the accident. Common mistakes during the investigation process include:

• Failing to interview witnesses

• Not photographing the scene

• Losing surveillance footage

• Incomplete written reports

• Failing to preserve equipment involved in the accident

An investigation that isn't complete can later create confusion, which can delay workers compensation benefits for the employee.

Retaliating Against Injured Workers Asking for Workers Comp Benefits

Some employers will retaliate against injured employees following an accident. Examples of retaliation include:

• Termination

• Demotion

• Reduced hours

• Harassment

• Threats

• Discipline related to filing a claim

Some employees will actually fail to report their injury because they are afraid they will lose their job. Ohio law protects workers from retaliation, and employers who are found to retaliate will face additional legal issues beyond the workers comp claim.

Discouraging Employees From Filing Claims

Another common mistake that is similar to the above is when an employer discourages the employee from filing a claim. For instance, and employer might:

• Pressure employees to use their personal insurance company

• Suggest filing a claim will hurt the company

• Offer unofficial cash payments instead of filing a claim

• Encourage workers not to report injuries

These actions by the employer can create serious legal and financial consequences. Workers comp is there to provide benefits to workers who get hurt on the job, and discouraging legitimate claims can lead to difficulties for everyone.

Poor Communication With Injured Employees

Another common mistake employers make is having poor communication with their employees during a workers compensation case. Some employers don't:

• Explain reporting procedures

• Provide updates

• Respond to employee questions

• Clarify return-to-work expectations

Not having good communication can lead to misunderstandings and tension between the employer and the injured employee. On the other hand, with clear communication, the claims process moves much more smoothly.

Misclassifying Employees

Employee classification errors can also create major issues with workers compensation claims. Some employers, for instance, will classify an employee as a contractor, as a temporary employee, or as an exempt employee.

Improper classification can affect both the worker and the employer, and in some cases, the employee may be denied their claim and have to go through the appeals process.

Failing to Maintain Proper Workers’ Compensation Coverage

In Ohio, most employers are required to carry workers compensation coverage through the Ohio Bureau of Workers' Compensation, or BWC. Not having this coverage in place can expose employers to:

• Financial penalties

• Personal liability

• Lawsuits

• Increased claim costs

Uninsured employers may face substantial financial consequences if a worker suffers a serious injury.

Returning Employees to Work Too Quickly

Some employers attempt to return injured workers to full duty before they are medically ready.

This may create several problems, including:

• Re-injury

• Worsening medical conditions

• Additional claims

• Delayed recovery

Employers should follow medical restrictions carefully and avoid pressuring employees to perform tasks beyond their physical limitations.

Modified duty programs may sometimes help employees transition back to work safely.

Ignoring Medical Restrictions

Closely related to early return-to-work problems is the failure to respect medical restrictions.

For example, an injured worker may have restrictions involving:

• Lifting limits

• Standing limitations

• Repetitive motion restrictions

• Driving restrictions

Supervisors who ignore these limitations may place workers at risk of additional injury.

This may also increase employer liability and claim costs.

Lack of Proper Documentation

Poor documentation is another frequent employer mistake.

Important records may include:

• Accident reports

• Witness statements

• Medical communications

• Work restrictions

• Return-to-work plans

Missing or incomplete records may create disputes later regarding the claim.

Detailed documentation often becomes extremely important if litigation or hearings occur.

Mishandling Surveillance or Social Media Evidence

Some employers improperly rely on social media or surveillance evidence without proper context.

For example, an employer may assume an injured worker is exaggerating injuries based on isolated photos or videos.

However, short video clips or social media posts may not accurately reflect the worker’s medical condition.

Improper assumptions may lead to unnecessary disputes and claim denials.

Delaying Medical Treatment Authorization

Delays in approving necessary medical care may negatively affect both the injured worker and the claim itself. Workers have a right to seek medical attention.

Delayed treatment may result in:

• Longer recovery times because the employee suffers a longer time before they can be seen by a doctor

• Increased medical complications because the employer didn't get to see medical providers quickly enough

• Extended time away from work due to things like physical therapy because there was a delay

• Higher claim costs that the insurance provider might tack on

Prompt medical care after a work related injury often improves outcomes for both employees and employers.

Failing to Train Supervisors Properly

Front-line supervisors often play a major role in workplace injury reporting and claim management.

Without proper training, supervisors may:

• Mishandle injury reports

• Fail to document incidents properly

• Make inappropriate comments

• Discourage reporting

Proper supervisor training may reduce errors and improve compliance with Ohio workers’ compensation requirements.

Why Proper Claim Handling Matters

Poor workers’ compensation claim handling may create serious consequences for employers.

Potential consequences include:

• Increased insurance costs

• Legal disputes

• Delayed employee recovery

• Workplace morale problems

• Financial penalties

For injured workers, employer mistakes may delay access to medical treatment and wage replacement benefits.

When Injured Workers May Need Legal Help

Workers sometimes face difficulties when employers mishandle claims. When this happens, a top-rated workers comp lawyer in Columbus OH may be needed to ensure fair compensation.

Common issues may include:

• Claim denials

• Delayed benefits

• Retaliation concerns

• Disputes regarding medical treatment

• Problems returning to work

An experienced workers’ compensation attorney may help injured workers protect their rights throughout the claims process. They can help get lose wages, pay for medical expenses, and help to appeal denied claims.

Work with a Workers Compensation Attorney

Handling workers’ compensation claims properly requires prompt reporting, careful documentation, clear communication, and compliance with Ohio workers’ compensation laws. Mistakes by employers may complicate claims, increase costs, and delay benefits for injured workers.

Issues such as delayed reporting, retaliation, poor investigations, and ignoring medical restrictions may create significant problems during the claims process.

For injured workers facing challenges with a workplace injury claim, understanding these common employer mistakes may help identify when additional legal guidance is necessary.

For more assistance, reach out to Larrimer & Larrimer for a free consultation on your workers compensation claim.