Find out what your employee must tell you when it comes to workers comp!
Over all the years, employees working to provide for themselves and their families might not consider that they will be injured on the job. Why should they? Accidents are rare, but they do occur! In fact, depending on the job it might even be reasonable to think it might never happen, but unfortunately that’s not always the case.
Whether someone you love has been injured on the job or you’re now at the beginning stages of filing a workers comp claim for yourself it’s important to understand the basic steps you must take. The goal of processing a claim is to ensure you get the care you need and the compensation you deserve.
What’s the Process of Filing A Workers Comp Claim
When you’ve been injured on the job it’s essential you report your injury or illness immediately. Section 311 of the Pennsylvania Workers’ Compensation Act states that you must report your injury within 21 days if you want to receive compensation. If your injury has not been reported within 120 days, your workers comp claim will be denied and no compensation will be available. Special exceptions may only be made for those with progressive diseases.
Once you’ve reported your injury to your employer, your employer has seven days to file a First Report of Injury with the Bureau of Workers’ Compensation if the injury results in a disability making you miss work for more than a day, shift, or turn of work. If any injury results in death, the employer has 48 hours to file a First Report of Injury. Employers are also required to:
- Report any injury to their workers’ compensation insurer
- Inform employees of the name, address, and phone number of their workers’ compensation insurance company third-party administrator
- Provide the injured employee with the contact info of an internal workers’ compensation adjuster
After you’ve reported your injury to your employer you must seek medical attention. Your employee is responsible in presenting you with a written notification of your employee rights, along with a list of six physicians you may see for your care. If your employer doesn’t provide you with these the names of pre-approved workers’ compensation physicians, you are free to seek medical treatment from any doctor of your choosing.
The process for filing a workers comp claim in Pennsylvania should be fairly straightforward. If you’re experiencing pushback from your employer or your employer’s workers comp insurer, it’s time to obtain legal counsel from TMH Law to ensure you get the compensation you may be entitled to. TMH Law offers a complimentary workers comp claim evaluation to help you determine the next step to take in your workers comp claim.
A Note About Lump Sum Settlements: Tom Holland has experience evaluating lump sum offers. Early lump sum settlement offers may be encouraging, but Tom Holland will be able to help not leave anything on the table. If the disability continues to be treated without a definitive diagnosis and/or prognosis, prompt settlement may not be prudent. When and if to settle is your decision to make, but BEWARE. What’s the hurry?
Please be cautious of an early settlement offer from a claims adjustor who suggests you do not need a lawyer. Our law office specializes in representing injured employees, and we know worker’s compensation law inside and out. You are allowed to represent yourself in worker’s compensation proceedings, but remember that the litigation is complex and your employer will be represented by an experienced attorney. Don’t walk into court, unprepared and outnumbered.
Filing A Workers Comp Claim | Filing A Workers Compensation Claim