HOW TO GIVE YOURSELF THE BEST CHANCE TO WIN YOUR PENNSYLVANIA WORKER’S COMPENSATION CASE
- Immediately report the injury no matter how insignificant it may be. DO NOT assume that “everyone knows” that you were injured. Memories fade and co-workers often “forget” that you informed them of an injury.
- Keep a written record of who you reported the injury to and what you told them. Pennsylvania Workers’ Compensation requires you to tell someone in authority, Supervisor, line leader, Human Resources, company nurse or safety coordinator, that you were injured. This is called “NOTICE”. It is the foundation upon which your case is built. You only have 120 days to provide notice.
- Complete an accident report with one of the aforementioned individuals within 120 days.
- Seek immediate medical attention noting exactly how you were hurt and a description of where your pain is located.
- Ask to review your medical notes before you leave the doctor’s office and confirm that the information is correct and that there is an indication on the notes that a work related injury occurred.
- If you are unable to perform your regular job due to the injury and placed on work restrictions, make sure you get, if possible, a doctor’s note confirming the restrictions are related to the work injury.
- If you had previous injuries to the same area of your body, try to distinguish to your doctor how the new injury is different.
- Be aware that you may be placed under surveillance by the insurance company and if you are recorded doing anything inconsistent with your restrictions or your complaints that will be used against you.
- If you are referred to an insurance company doctor for an “Independent Medical Exam” (IME) make sure you provide a consistent history to the IME doctor and your own doctor. If you are inconsistent that could be used against you.
- Once you have received notice that an IME has been scheduled, you should be aware that the insurance company will most likely be looking to suspend, modify or terminate your benefits and you should start to think about seeking the advice of an experienced Pennsylvania worker’s compensation lawyer.
Every Pennsylvania worker’s compensation case is unique so if you believe that you have been unjustly denied worker’s compensation benefits or if you believe that your employer is attempting to reduce or terminate you benefits, you should speak to an experienced Pennsylvania Worker’s Compensation attorney.