How Do Employers Fight Workers’ Comp Claims?

No one goes to work expecting to become hurt while there, but workplace injuries are very common. In Pennsylvania, the workers’ compensation system protects employees by providing benefits for an injured worker’s medical expenses and lost income. Workers’ compensation in Pennsylvania is a no-fault system, which means you can claim benefits even if you were partly to blame for the accident.

However, this does not mean that claiming the benefits you need is easy. The insurance company, and your employer, may fight back against your claim. Your employer may do this to ensure their premiums do not increase. Below, our Carbon County workers’ compensation lawyer outlines how employers may fight your claim.

Your Injuries are Minor or You Were Not Hurt 

One of the most common ways employers try to fight workers’ compensation claims is by arguing that an employee was not hurt, or that their injuries are very minor. For example, you may state that there was a spill on the floor where you work and that you slipped and fell on your side. Your employer may argue that they saw you slip but that you did not fall and were not hurt. They may also argue that you continued working. Even if this is true, it does not mean that you are automatically ineligible for workers’ comp benefits.

You Did Not Report Your Injury Promptly

 Under the workers’ comp law in Pennsylvania, you must report any work injury within 120 days. You must report the injury to a manager or supervisor and you should do this in writing. If you simply tell your supervisor, they may not remember the conversation. Even if you initially talk to your supervisor to report the injury, follow up with an email to document it. Otherwise your employer may tell the insurer that you did not report the injury on time.

You Did Not Accept a Lighter Duty Position 

Generally speaking, if you are able to accept a lighter duty position at work and your employer offers you one, you must accept it. However, your employer may offer you a light duty position before you are able to return to work. Worse, your doctor may approve you for light duty work knowing you are not ready.

In Pennsylvania, you must see a doctor of your employer’s choosing for the first 90 days if they have a list of service providers. These doctors and other specialists are sometimes more concerned about the best interests of the employer, and not you. As such, they may state that you are ready to return to work at a time when you feel as though you cannot. In these cases, it is critical to speak to a Carbon County workers’ compensation lawyer.

Our Workers’ Compensation Lawyer in Carbon County Can Help You Claim Fair Benefits

It is not easy to claim workers’ compensation benefits when you are going up against the insurance company and your employer. At The Law Office of Kim M. Gillen, P.C., our Carbon County workers’ compensation lawyer can fight back against the unfair claims your employer makes so you obtain the full benefits you deserve. Call us today at 484-613-0011 to schedule a consultation with our experienced attorney and to learn more about how we can help.

Source:

palegis.us/statutes/unconsolidated/law-information?sessYr=1915&sessInd=0&actNum=0338.