If you’ve been injured on the job in the Garden State, you may be entitled to benefits through the workers’ compensation system. These benefits can help cover your medical bills, replace a portion of your lost wages, and provide long-term support if your injury leads to permanent disability. But receiving these benefits isn’t always as simple as it sounds. If you're wondering what mistakes you should avoid while on workers’ comp in New Jersey, you're not alone.
The truth is, even small missteps can delay or reduce your benefits, or worse, cause your claim to be denied altogether. The good news? Most of these mistakes are entirely avoidable once you know what to look out for.
Let’s break down the most common errors injured workers make and how you can protect your claim from start to finish.
1. Failing to Report the Injury Immediately
One of the biggest and most common mistakes workers make is waiting too long to report their injury. In New Jersey, you should notify your employer as soon as possible, ideally the same day the injury occurs. If you wait too long, your employer or their insurance carrier may argue that your injury isn’t work-related or serious enough to justify benefits.
Even if your injury seems minor at first, report it anyway. Some conditions (like back injuries or repetitive stress disorders) can worsen over time, and an early report helps establish a clear connection to your job.
Similar Post: 8 Easy Steps To Filing a NJ Workers’ Compensation Claim
2. Not Getting Medical Attention or Choosing the Wrong Doctor
In New Jersey, your employer or their insurance company usually has the right to choose your treating doctor. Going to your own doctor without approval can jeopardize your claim, especially if the treatment is considered unauthorized.
If you’re hurt at work, ask your employer who you should see for treatment. Stick with the assigned physician and follow their recommendations. Skipping appointments, ignoring restrictions, or seeking outside care without permission can all raise red flags.
3. Exaggerating or Downplaying Your Symptoms
Honesty is key. Some workers think they’ll get more compensation if they exaggerate their injuries, while others downplay pain out of fear or pride. Both approaches can backfire.
Exaggeration may be seen as fraud and can result in your claim being denied, or worse, criminal charges. On the flip side, minimizing your symptoms can lead to inadequate treatment or an early return to work before you’re ready. Be accurate and consistent when describing your symptoms to doctors, insurers, and your attorney.
4. Returning to Work Too Soon
When your doctor clears you for “light duty” or “restricted work,” it’s important to listen. Some workers try to power through and go back to full-duty jobs too quickly. This can worsen your condition and hurt your case.
If your employer can’t accommodate light duty, you may still be eligible for temporary disability benefits. Don't rush your recovery just to get back to work as it could hurt your health and your workers’ comp benefits.
5. Ignoring Work Restrictions
Once you're receiving treatment, your doctor may give you specific limitations such as no heavy lifting, no standing for long periods, or limited movement. If you ignore these restrictions, you risk not only further injury but also losing your benefits.
Insurance companies sometimes hire investigators to watch for signs of fraud. If you're caught doing things your doctor told you to avoid like carrying groceries, or playing sports, your claim could be questioned or denied.
6. Posting About Your Injury on Social Media
Social media is often a trap for workers’ comp claims. Even an innocent photo or comment can be taken out of context and used to dispute your injury. Insurance companies routinely monitor claimants’ social media accounts.
Don’t post photos of vacations, physical activity, or anything that contradicts your injury claims. It’s best to avoid discussing your case altogether online until it's fully resolved.
Similar Post: Think Before You Post: Could Social Media Cost You Your Workers’ Comp?
7. Failing to Follow Up on Paperwork or Appointments
Workers’ comp claims involve a lot of paperwork: doctor’s notes, employer forms, and insurance documents. If you miss a deadline or fail to show up for a required medical exam, your benefits could be delayed or cut off.
Stay organized. Keep a folder of all correspondence, and don’t ignore mail from your employer’s insurance company. If you’re ever confused, your attorney can help keep your paperwork on track.
8. Believing Your Employer or Insurer Will Handle Everything
While most employers and insurance carriers try to follow the rules, they’re not on your side. Their goal is to save money, which means they may offer you less than you’re truly entitled to or deny your claim altogether.
Don’t assume your employer will “take care of it.” Educate yourself about your rights, and consider speaking to a New Jersey workers’ comp attorney if you suspect anything is being overlooked.
9. Settling Too Soon Or Without Legal Advice
In some cases, the insurance company may offer a quick lump-sum settlement to close your case. But settling too soon, especially without legal advice, can cost you thousands of dollars.
Once you settle, you may give up the right to future treatment or compensation. Make sure you understand the full extent of your injury, and have a lawyer review any offer before you agree to it.
10. Not Speaking to a Workers’ Comp Attorney
Perhaps the biggest mistake you can make while on workers’ comp in New Jersey is trying to handle everything on your own. Workers’ comp law can be complicated, and the process isn’t always fair.
An experienced attorney can:
- Help you avoid these common mistakes
- Represent you in disputes or hearings
- Ensure you get all the benefits you’re entitled to
- Negotiate a fair settlement if needed
Most workers’ comp lawyers, including the team at Camili & Capo offer free consultations. That means there’s no risk in getting professional advice.
Get Help With Your New Jersey Workers’ Comp Claim
Now that you know what mistakes you should avoid while on workers’ comp in New Jersey, the next step is to protect your rights with experienced legal guidance. At Camili & Capo, we’ve helped injured workers across New Jersey. From Passaic and Essex Counties to Middlesex, Bergen, and beyond, we’ve helped New Jersey workers get the benefits they need to heal and move forward.
Whether you were hurt in a warehouse, on a construction site, or in an office setting, we’ll walk you through your options and fight to ensure your voice is heard. Don’t let paperwork errors, missed deadlines, or insurance tricks get in the way of your recovery.
Call Camili & Capo today at (973) 834-8457 or fill out our online contact form to schedule your free consultation. We’re here to stand by your side every step of the way.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.q
