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Why Do I Need An Attorney If I Am Injured At
Work?
If you are
injured at work do not agree to negotiate or settle your Workers’
Compensation claim before speaking to an attorney. Your employer has no
obligation to fully explain your rights under Pennsylvania Workers
Compensation Law. In Pennsylvania, all employers must maintain Workers’
Compensation insurance coverage. The Pennsylvania Workers’ Compensation
system compensates any employee who is injured while in the course of
his/her employment. An injured employee is compensated no matter who was at
fault for the injury.
The benefits provided are both weekly checks (two-thirds of weekly gross pay
up to a maximum which changes annually) and payment of all related medicals
bills. There is no time limitation on the duration of these payments.
However, there is a three year statute of limitations from the date of
injury in which to assert a claim for Workers’ Compensation. The payment of
weekly checks is dependent upon the injured employee’s ability to return to
work in the same job or at a job paying equal to or more than the job he or
she held at the time of the injury.
Here are a few simple guidelines to be observed if you are injured at work:
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Report
the injury immediately to your employer;
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Ask your
employer to fill out an official Report of Injury Form and have this
form forwarded to the Workers’ Compensation insurance company;
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Check
your workplace for the posting of a list of physicians to be consulted
if you have a work-related injury. These are known as “panel
physicians.” For the first 90 days following the work injury, your
employer has the right to control what doctors you see with regard to
the injury. After 90 days, you are permitted to treat with any physician
you choose;
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Do not
automatically assume because the employer is paying for your medical
bills that you have an “accepted” Workers’ Compensation claim;
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If you
have an injury which lasts for a significant amount of time, ask for an
official “Notice of Compensation Payable” document to be issued from the
Commonwealth. Your employer will handle this request;
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Get the
name of your claims adjuster at the insurance company, as well as the
claim number and telephone number so that you may provide this to your
treating physicians; and
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Immediately consult DBYD. Do not, under any circumstances, agree to
settle your Workers’ Compensation claim before you speak with an
attorney from our office.
The above is
provided for informational purposes only and should not be relied upon as a
substitute for legal advice. Only a lawyer can provide you with the specific
legal advice you need when you are injured at work. Please call our offices
at 215-362-2474; or contact us at
info@dbyd.com.
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