After a workplace injury, the choices you make matter more than most workers realize. Insurance companies and employers look for any reason to reduce or deny your claim, and even small errors can be used against you. Whether you are pursuing workers’ comp benefits or filing a lawsuit, avoiding these common mistakes can protect the value of your McAllen workplace injury claim.
Failing to Report Your Injury to Your Employer Right Away
Texas law gives you only 30 days to report a workplace injury to your employer, and waiting even a few days can invite doubt. Delayed reporting allows insurers to argue that your injury occurred elsewhere or did not happen at all. Report the injury in writing as soon as possible, even if it seems minor at first.
Delaying Medical Treatment or Skipping Follow-Up Appointments
Gaps in treatment are among the most common reasons workers’ comp claims are denied. If you wait weeks to see a doctor, the insurance company will argue you were not seriously injured. If you skip follow-up appointments or ignore your doctor’s restrictions, they will argue you worsened your condition. Seek medical care immediately and follow your treatment plan carefully.
Posting About Your Accident or Activities on Social Media
You should assume that everything you post online will be seen by the insurance company, because it often is. A photo of you at a party can be twisted into evidence that you are not truly injured, even if you spent the rest of the week in bed. Do not post about your accident, injuries, or physical activities while your claim is pending.
Accepting the First Settlement Offer You Receive
First settlement offers are almost always low. Insurers count on injured workers being stressed about bills and eager to settle before they know the full cost of their injury. Once you accept, you cannot ask for more, even if you need additional treatment later. Before signing anything, make sure you know the complete value of your claim, including future medical care and lost earning capacity.
Not Documenting the Accident Scene, Your Injuries, or Witnesses
Photos of the hazard and your visible injuries, and the names of coworkers who witnessed the incident, can provide valuable evidence for your claim. Make sure to capture as much as you can in the moments after the accident.
If you were rushed to the hospital or physically unable to gather evidence, an attorney can help. They can obtain incident reports, request surveillance footage, interview witnesses, and preserve evidence controlled by your employer.
Assuming You Have No Case Because Your Employer Doesn’t Carry Workers’ Comp
Texas does not require private employers to carry workers’ compensation insurance. As a result, many workers assume they have no options when their employer turns out to be uninsured. In reality, the opposite is often true.
Non-subscriber employers can be sued directly for a workplace accident if their negligence contributed to the incident. Additionally, if a subcontractor, equipment manufacturer, or another third party played a role in your accident, you can pursue a claim against them.
Talk to a Texas Work Injury Lawyer and Protect Your Claim from Day One
After a workplace injury, the best way to avoid costly mistakes is to have someone in your corner who knows the process. For over 15 years, De La Garza Law Firm has protected injured workers from tactics that devalue legitimate claims and recovered significant settlements and jury verdicts. If you were injured at work, contact us today for a free, no-obligation case review.
