1. If you are injured on the job, you should
immediately report your injury to a supervisor or person of authority at your place of employment. If you are a Union
member, you should also advise your Union Representative. You should notify
your employer within 21 days of your injury or you could lose benefits
until you do finally put your employer on notice. Be mindful that you
must notify your employer no later than 120 days after your injury, or
your claim will be time-barred under the Pennsylvania Workers’ Compensation Act.
2. Once you report a work injury, your employer is required to notify its
workers’ compensation insurance carrier. Your employer and its insurance
company then have
21 days to accept or deny your claim. You will be notified of the decision to accept or deny your claim via mail.
3. If you receive a Notice of Compensation Denial, you will have to file a
Claim Petition and begin litigation to try to obtain benefits. At this point, you should
consult with an experienced workers’ compensation attorney, if you
have not already. If your claim is accepted, you will receive a Notice
of Compensation Payable or a Notice of Temporary Compensation Payable.
A Notice of Temporary Compensation Payable means that you are entitled
to temporary benefits for a period of 90 days while your employer continues
their investigation to decide whether or not they will accept full liability
for your work injury. Even if your claim is accepted and you receive benefits
with no problem, it always recommended to
seek legal advice. The workers’ compensation system is complex, and the insurance
company could try to terminate or suspend your benefits at any time. Consulting
with an attorney is also wise if you want to consider
settling your claim in the future.
4. You are required to treat with a
medical provider from your employer’s panel of physicians for the
first 90 days following a work injury. If no panel exists, you can treat with a provider
of your choosing from the beginning of your workers’ compensation claim.
5. Workers’ compensation provides benefits for wage loss and medical
care related to your work injury. When you file a claim for workers’
compensation benefits, you ultimately give up your right to sue your employer
for pain and suffering in exchange for those benefits. However, sometimes
you can pursue a third-party personal injury claim against other negligent,
at-fault parties that may have been involved in your work accident.
If you’ve been hurt at work, the information above is just a small
sampling of important things to keep in mind. A knowledgeable Pennsylvania
workers’ compensation attorney at Metzger Wickersham can explain
your full rights under the law and help you understand what steps to take
after a work injury.
Contact Metzger Wickersham today for a free, no obligation consultation. Our Pennsylvania workers’
compensation attorneys have offices conveniently located in Harrisburg,
Lancaster, Pottsville, Shippensburg, Wilkes-Barre and York, PA.