I have been injured at work. What should I do? Immediately find your supervisor, manager or foreman and report that you have been injured at work. If none of these people is available, leave a message for one of them that describes exactly how you injured yourself. Follow up with that person the next day. Keep notes of the name and the title of the person that you notified of your injury, the date of your injury and the date that you reported it.
When reporting the injury, explain how you were hurt on the job and describe all of your injuries and the parts of the body that were injured. Report all injuries even if they seem minor.
After reporting the injury, you should get the initial medical treatment that you need. If you are so severely injured that you need an ambulance to go to the emergency room, report the accident after you have been treated at the hospital.
My employer asked me to complete a report regarding my injury. Should I do so? Many employers have an accident report, which you should complete as soon as you are able to do so. Make certain you describe, in detail, how you were injured at work, the date of your accident and the nature of your injuries. If someone fills out the report for you, read it and make any necessary corrections before you sign it.
Ask your employer for a copy of the accident report.
Do I have to treat with a particular doctor for my work injury? Your employer may be able to require that you see a health care provider that you select from a list of at least six providers for a period of 90 days. You should consult an attorney to determine whether you are required to treat with a doctor on your employer's list.
Keep a list of the names and addresses of the doctors, physical therapist and other medical providers who treat you for your work injury. If you are provided you with a prescription note or any medical records, make certain you keep copies for your records.
Because of my injuries, I am unable to work. What happens now? If a medical provider tells you that you cannot work because of your injuries, get a note that takes you out of work. Give a copy of that note to your employer and ask to file a workers’ compensation claim.
If your employer tells you not to file for workers’ compensation or that you are not entitled to workers’ compensation, you should immediately contact an attorney who can review your case to ensure that you receive the benefits to which you are entitled.
Once you file a claim, workers’ compensation has 21 days to accept or deny the claim by issuing the appropriate paperwork. Make certain you save a copy of all papers that you receive from your employer or its workers' compensation insurer.
If your employer accepts the claim, you will generally receive weekly checks that are equal to two-thirds (2/3) of your gross weekly earnings. Because the calculation of how much you should receive is complicated, you should have an attorney review the calculations to ensure that you receive the wage loss benefits to which you are entitled.
The weekly workers compensation payments that you receive are not taxable.
If your employer denies the claim, talk to a workers' compensation attorney about your claim.
Because my claim was denied, or because I am on workers’ compensation, how can I afford an attorney when my employer tries to stop or reduce my benefits? An attorney representing an injured worker typically does so on a contingent basis. This means that the attorney does not receive a fee until he or she gets the insurer to begin paying workers' compensation benefits, or has to go to court to fight a petition filed by workers’ compensation that seeks to stop or reduce your benefits. The contingent fee is deducted from any weekly workers' compensation checks that you receive.
In some cases, if we do not have to go to court, I may work with you for months to help protect your benefits without receiving a fee.
What is a Notice of Ability to Return to Work and what do I do when I receive one? If workers’ compensation receives a medical report that suggests that you can work in any capacity, it must send you a Notice of Ability to Return to Work and a copy of that report. You should review the Notice of Ability to Return to Work with your treating doctor and contact an attorney immediately since workers’ compensation may soon try to stop your workers’ compensation.
If I am receiving workers’ compensation benefits, and I receive a Petition to Terminate Benefits, a Petition to Review Benefits or a Petition to Suspend Benefits, what should I do?
This means that workers’ compensation is trying to reduce or stop your workers’ compensation benefits. Although you have the right to represent yourself, your employer will be represented by a lawyer who specializes in workers’ compensation, and you will be at a huge disadvantage.
I received forms from workers’ compensation asking about my physical condition, whether I am working, and whether I have been receiving anything such as unemployment benefits. What do I do with these forms? If you receive any of these forms, do not just set them aside. In some cases, your wage loss benefits can be suspended if you do not return a form within 30 days. You should consult an attorney before returning the forms to ensure that they have been properly completed. You should also keep copies of the forms.
Any time workers’ compensation sends you papers or asks you to sign papers, you should read them carefully since they can affect your right to workers’ compensation. It is also typically a good idea to review the papers with a workers’ compensation lawyer.
I received a Notice of Modification or Suspension of Workers’ Compensation Benefits. What does this mean? It means that the workers’ compensation insurer intends to reduce or stop paying your wage loss benefits. You should immediately consult an attorney.
Can I settle my workers’ compensation claim? You may settle your claim for a lump sum if a workers’ compensation judge is satisfied that you understand the effects of settling your claim. You should consult with an attorney to make certain that you understand how the settlement will effect your rights and to ensure that you are adequately protected since, after a settlement, you will not receive any more wage loss benefits and you may be responsible for paying for any future treatment that you require.
What happens to my workers' compensation benefits if I retire? In some instances, if you receive pension benefits from your employer, workers’ compensation may be entitled to a credit. However, the laws that govern whether there is a credit are very complicated. You should consult an attorney if you begin to consider retiring while receiving workers’ compensation benefits.
If you have additional questions regarding workers' compensation, please contact James R. Flandreau, Esquire for a free consultation by calling him at 610-565-4750 or by clicking to email him.
Additional information regarding workers' compensation published by the Pennsylvania Bureau of Workers' Compensation can be found
here.
This webpage is for informational purposes only and addresses only general principles of Pennsylvania law. It does not apply to the workers’ compensation law of any other state.
It is not to be construed as legal advice or legal opinions regarding any specific facts or circumstances, and is not intended to constitute legal advice or to create an attorney-client relationship.
Since the law frequently changes, you should not rely on this information or its applicability to any specific circumstances without consulting an attorney.
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This material is protected by copyright laws and may not be recreated or reproduced without the express written permission of James R. Flandreau, Esquire, who is admitted to practice law only in the Commonwealth of Pennsylvania.