What To Do If You Are Injured On The Job

  1. The most important thing for employees to know is that any time you are injured on the job, you should report the injury immediately to a supervisor (within 21 days of the injury, timeline varies from state to state), in writing if possible. If not reported within 120 days from the date of injury or having knowledge of a work-related disease, no compensation is allowed except for cases involving progressive diseases.
  1. Within 21 days from notice the employer can take one of four actions:
  • The employer can issue a Notice of Denial of the claim. If the claim is denied the injured worker needs to contact an attorney to see whether a claim petition can be filed.
  • The employer can issue a Temporary Compensation Payable. This allows the employer to extend the investigation period up to 90 days before accepting or denying full liability for the claim. Within 90 days the employer must issue a Notice of Compensation Denial, Notice of Compensation Payable or Agreement for Compensation.
  • The employer can allow the claim for medical only.
  • The employer can accept the claim for compensation and medical pursuant to an Agreement for Compensation.
  1. Once the injured worker receives compensation benefits and the employer accepts the claim, the employer cannot stop benefits as long as a doctor supports the disability.
  1. If a doctor releases the injured worker back to work on full or light duty, the injured worker must go back to work if said work is available. The employer also has the right to send the injured worker to an independent medical exam (IME) to check the progress of the worker’s disability and to evaluate whether there has been a full recovery. If the IME reports that the worker has restrictions or has fully recovered, the employer can terminate benefits by filing a Termination Petition in court. At that time the matter will be heard by a Workers’ Compensation Judge.

Workers’ compensation claims can be complicated and confusing. Consider consulting with Metzger Wickersham if your employer sends you for an independent medical exam.

We are here to help answer questions and provide legal advice regarding your rights. Call us or email us.

Categories
    I would recommend these people to anyone.

    “The lawyers at this office and their staff, Mr. [Attorney] DeVere and [Paralegal] Stephanie, his assistant, became the voice I didn’t have after the accident. They were my points of light.”

    - Ms. D. Lopez
    I would recommend Metzger Wickersham to everyone.

    “You guys were so easy to work with. There was no stress and the whole process was done in a timely manner. I would recommend Metzger Wickersham to everyone. Such a pleasure.”

    - Sharon Balent
    You guys are absolutely amazing and that’s an understatement.

    “Attorney Painter was simply amazing...My wife had been fighting SSI for over three years. Since working with Metzger Wickersham her stress and anxiety levels were 100% gone.”

    - Carlos Bonilla
    Outstanding in every way

    “Outstanding in every way no one has ever helped me more in my entire life like this firm. I highly recommend. Thank you very much.”

    - Gary Klinger
    Absolutely wonderful!

    “They helped me with my case on a motor vehicle accident. They were kind, understanding, professional, and got the job done. They explained things, talked me through stuff, and answered any questions I had!”

    - Ms. Brianna Marquis
    Thank you for going that extra mile.

    “I wanted to thank Valerie for all her hard work and going that extra mile for me! I was denied twice, Valerie appealed my case to the Appeals court. Thanks to Valerie, my case was finally won after ...”

    - Joanne Brenizer

Let Us Fight For You

Request a Free Consultation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.