FEATURED INSIGHT: WHAT IF YOU WAITED TO SEE A DOCTOR AFTER A WORK INJURY?

A Delay in Treatment Doesn’t Necessarily Mean Your Claim Is Over

David was helping move furniture out of a residence when he misjudged the last step while carrying the bottom end of a sofa. His right leg collapsed beneath him, and he immediately felt throbbing pain.

But David didn’t go to the doctor. He was waiting for a workers compensation adjuster to contact him. So he waited. And he kept going to work.

In an email to his supervisor the following month, David described his ankle as a work-related injury and said he had continued showing up for work despite it. Nearly three months after the accident, he emailed his supervisor again. A workers compensation adjuster still hadn’t contacted him.

Six Months Later

David finally went to an orthopedic provider in August 2020, roughly six months after the accident. His medical records revealed another complication: an underlying ankle condition. Now David had two issues working against him. There was a six-month gap between his accident and his first medical records, and those records showed a condition that may have existed before the accident.

The employer and workers compensation carrier challenged his claim, including whether the accident occurred as David described and whether his ankle condition was medically caused by his work injury. David knew when his pain started, but now he had to prove it.

The Medical Evidence Told a More Complete Story

One physician concluded that the work accident had aggravated a pre-existing osteochondral lesion. The case ultimately went before a medical panel. After examining David and reviewing the relevant medical records, the panel concluded that the work accident had made an underlying ankle condition—that previously had not been causing symptoms—become symptomatic. The panel also concluded that David had not reached medical stability and that his ankle-related medical care had been necessary to treat the work injury.

The Details David Preserved Mattered

David’s case wasn’t simply about whether his ankle hurt. It was about connecting what happened that February day to the medical problems he experienced months and eventually years later. His emails documented that he was talking about a work-related ankle injury months before his first orthopedic appointment. His medical records documented the condition of his ankle. And medical experts helped explain how the work accident could make an underlying condition symptomatic.

With the help of his attorneys, David continued pursuing the claim. Ultimately, the judge found that the work accident had medically caused the ankle condition at issue and awarded benefits, including compensable medical care and temporary total disability benefits. It had been more than three years since David missed that last step while carrying a sofa.

You Haven’t Necessarily Lost Your Case Because You Waited

There are many reasons an injured worker might not immediately go to the doctor. You might think the pain will get better. You might be waiting for someone from workers compensation to tell you what to do. Or you simply may not be able to afford medical treatment on your own.

Waiting to get medical treatment does not necessarily mean you no longer have a workers compensation claim. But a long gap can create questions. The longer you wait, the harder it may become to show when your symptoms started, what caused them, and how they changed after your accident. That’s why details like reporting the accident, saving emails and text messages, documenting symptoms, talking with your medical providers, and keeping records can become so important.

David couldn’t go back and change the six months between his accident and his first orthopedic records. But he could keep moving forward. And when his case was challenged, the evidence helped tell the part of his story that time alone could not. If you’ve been injured at work and aren’t sure what to do next, Just Work Comp Law can help you understand your options and determine what steps may still be available.

All Utah Employers Must Carry Workers Compensation Insurance

With very few exceptions, Utah law requires employers to carry workers compensation insurance (or be self-insured) to protect employees who are injured at work. This helps cover medical expenses and provides a modest wage to employees until they are able to return to work. In the case of a permanent injury or workplace death, workers compensation insurance pays disability benefits to the employee or death benefits to an employee’s family. It doesn’t matter whether the accident was the employer’s or the employee’s fault.

But workers compensation is no get-rich-quick scheme. The benefits are bare-bones and designed mainly to help keep the worker’s family afloat while employees recover from work injuries. Most workers would give up their workers compensation benefits in a heartbeat if it meant the initial accident or injury never happened in the first place. Even with modest insurance coverage, the road to physical and financial recovery is never easy.

One workers compensation insurance company encourages employees to stay safe with the tagline, “Be careful out there.” But another reason to “be careful out there” is that insurance companies do not like to pay claims. They will often use every means at their disposal to delay or avoid payment altogether.

Most Workplace Injuries Aren’t Reported

When you spend roughly one-third of your life at work, accidents are bound to happen. In 2024 (the most recent year for which statistics are available), the U.S. Bureau of Labor Statistics reported 2,488,400 work-related, non-fatal injuries and illnesses in private industry. The most common non-fatal injuries were (1) sprains, strains, and tears; (2) falls, slips, and trips; and (3) exterior and musculoskeletal structures of the back. There were also 5,283 fatalities; 1,252 of them involved road incidents, 885 involved falls, slips, and trips, and 458 were homicides. (And these are just the numbers that were actually reported).

When you’re dealing with the lasting effects of a workplace injury or death, the last thing you want is a financial burden to carry as well. However, many workers are unaware of the benefits available to them through workers compensation. The Occupational Safety and Health Administration estimates that half of workplace injuries go unreported.

Have You Been Injured at Work? Get Help!

If you suspect you aren’t receiving the compensation you rightfully deserve for a workplace injury or illness, it’s important to act quickly. Let our award-winning team of attorneys at Just Work Comp Law help. As a law firm focused solely on workers compensation, we offer free case evaluations to help you determine if hiring an attorney is your best option. Contact us today to get the help you need.