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Table of Contents:
Failing to Report Your Injury Immediately
Not Seeking Medical Treatment Right Away
Inconsistent Statements About Your Injury
Missing Medical Appointments or Ignoring Treatment Plans
Posting on Social Media
Returning to Work Too Soon
Workers' compensation should provide a safety net when you're injured on the job, but the system is more complicated than most people realize. At Haight Stang, LLC, we've spent nearly 50 years combined representing injured workers in Kansas and Missouri, and we've seen how seemingly small mistakes can have devastating consequences for legitimate claims.
Many of these errors happen in the first few hours or days after an injury, before most people even think about calling an attorney. Understanding what not to do is just as important as knowing your rights.
1. Failing to Report Your Injury Immediately
One of the most damaging mistakes injured workers make is waiting too long to report their workplace injury. In Missouri, you have 30 days to report an injury to your employer, and in Kansas, you should report it as soon as possible. But even though the law gives you time, every day you wait works against you.
When reporting your workplace injury, follow these steps:
Report your injury to your supervisor in writing the same day it happens, even if you think it's minor
Get a copy of that written report for your records
Include details about how the injury occurred, where it happened, and what parts of your body were injured
If your employer tries to discourage you from filing a report or suggests you "wait and see" how you feel, that's a red flag—you have the right to report a work injury
Delayed reporting gives insurance carriers ammunition to deny your claim, arguing that the injury must have occurred outside of work if you didn't think it was severe enough to report immediately.
2. Not Seeking Medical Treatment Right Away
Delaying medical treatment is almost as damaging as delaying your injury report. Insurance companies love treatment gaps because they create doubt about the severity and cause of your injury. If you were really hurt at work, they argue, why didn't you see a doctor immediately?
The truth is that many workplace injuries don't feel that serious at first. Adrenaline masks pain, and some injuries, like herniated discs or repetitive stress injuries, develop gradually.
Seeking prompt medical attention:
Creates a medical record documenting your injury close to when it occurred
Establishes the connection between your work and your symptoms
Starts the treatment process before your condition worsens
Provides baseline documentation of your injuries for future reference
In Missouri, injured workers generally have the right to choose their own treating physician. In Kansas, employers can designate your initial treating physician if they've provided proper notice. Either way, see a doctor as soon as possible after your injury and be completely honest about how it happened and what symptoms you're experiencing.
3. Inconsistent Statements About Your Injury
Insurance companies employ investigators, review every document in your file, and look for any inconsistency they can use against you. If you tell your supervisor the accident happened one way, tell the doctor it happened differently, and later describe it another way to the insurance adjuster, your claim is in serious trouble.
Be consistent about the basic facts of your injury, such as:
How did the injury occur?
What were you doing when it happened?
What parts of your body were injured?
What symptoms did you experience immediately afterward?
Your answers to these questions should remain the same whether you're talking to your employer, your doctor, or an insurance representative.
4. Missing Medical Appointments or Ignoring Treatment Plans
Once you've started treatment for your work injury, consistency becomes crucial. Missing appointments or failing to follow your doctor's treatment plan sends a message to the insurance company that your injury isn't as serious as you claim.
If your doctor prescribes physical therapy, follow through with it. If you're supposed to take medication, take it as directed. If follow-up appointments are scheduled, keep them. Insurance companies track your compliance, and they'll use any gap in treatment to argue that you've recovered or that you're exaggerating your symptoms.
Sometimes life gets in the way—transportation problems, childcare issues, or work conflicts can make it difficult to attend every appointment. When you can't make an appointment, reschedule it immediately and ensure that your medical records reflect the reason for the missed appointment.
5. Posting on Social Media
In the modern era, insurance companies routinely monitor the social media accounts of injured workers, looking for posts, photos, or videos that contradict claimed limitations. You might post a photo from a family gathering where you're smiling, and the insurance company will argue you can't be in that much pain. Even innocent posts can be taken out of context and weaponized against you.
While your workers' compensation claim is pending, follow these social media guidelines:
Avoid posting anything about physical activities or outings
Don't discuss your injury, treatment, or claim in any posts or comments
Make your accounts private (though remember that "private" settings aren't foolproof)
Consider taking a complete break from social media until your claim is resolved
Never accept friend requests from people you don't know—they could be insurance investigators
The safest approach is to stay off social media entirely while your claim is active. Insurance companies have sophisticated methods for accessing content, and even deleted posts can sometimes be recovered.
6. Returning to Work Too Soon
We understand the pressure to return to work. You're worried about your job, your income, and being a burden to your coworkers. But returning to work before your doctor clears you, or exceeding your medical restrictions once you're back, can jeopardize both your health and your claim.
If you return to work and re-injure yourself or make your condition worse, the insurance company will argue that your worsened condition isn't related to the original work injury. They'll claim you caused additional damage by returning too soon or by not following your restrictions.
Always follow your doctor's work restrictions exactly. If your doctor says you can only lift 10 pounds, don't lift 15 pounds because your supervisor needs help. If you're restricted to light duty and your employer asks you to do regular duty work, document the request and contact your attorney. Employers sometimes pressure injured workers to exceed their restrictions, but doing so puts your claim at risk.
Protecting Your Workers' Compensation Rights
Workers' compensation claims are more fragile than most people realize, and insurance companies are skilled at finding reasons to deny or minimize benefits. At Haight Stang, LLC, our Kansas City workers' compensation attorneys know the mistakes that destroy claims because we've seen them from both sides, and we know how to protect your rights from the very beginning. We can guide you through every step of the process, from filing your initial claim to fighting for the maximum benefits you deserve under Kansas and Missouri law.
If you've been injured at work, contact us online or call (913) 815-1347 today to schedule a free consultation before you make a mistake that could jeopardize your claim.