When you sustain a work-related injury in Pennsylvania, you have various benefits and rights under the state’s workers’ compensation system. However, taking prompt action can protect your ability to request workers’ comp benefits and ensure you receive the maximum benefits afforded to you by law.
Report the Injury Immediately
One of the first things you should do after a work accident includes reporting the accident and your injuries to your employer. You can report your injuries to a supervisor, manager, or human resources representative. Although you may orally inform a supervisor about an injury when you leave work to seek medical treatment, you can protect your interests by following up with a written report of an accident so you have a record of timely notifying your employer. Your employer or its workers’ compensation insurer may have standard forms you can fill out to report a workplace injury.
Seek Medical Treatment
You should also seek prompt medical treatment after a workplace accident, even if you think you have not suffered severe injuries. Many injuries may take days or weeks to manifest pain or other symptoms. However, a doctor can identify those injuries through a physical examination or diagnostic testing/imaging. Furthermore, when you seek medical attention for a workplace injury, you should notify the healthcare provider that you sustained your injury at work so they know you have the right to workers’ compensation benefits.
File a Workers’ Compensation Claim
You can file a workers’ compensation claim with your employer promptly after suffering a workplace injury to secure your rights to financial benefits. Your employer may have a workers’ compensation claim form for you to complete and submit, or you may send written notice of your request for workers’ comp benefits to your supervisor, a manager, or an HR representative. Furthermore, you can protect your rights to benefits by filing a claim petition with the Pennsylvania Department of Labor and Industry, which allows you to request a hearing before a workers’ compensation judge if your employer denies your claim or specific benefits. A claim petition will also require confirmation that you have notified your employer of your workplace injury.
Confirm Your Workers’ Comp Benefits
When your employer accepts your workers’ comp claim, you should ensure that you receive the benefits afforded to you under the workers’ compensation law. Under workers’ comp, you have the right to payment for all reasonable and necessary medical treatment and rehabilitation for your work injury or occupational illness. Furthermore, if you miss time from work, you can receive partial reimbursement of your lost wages based on your average wages from before your injury. You can review your pre-injury pay stubs or income statements to determine your average wages to ensure you receive the correct benefits.
Watch Out for Potential Retaliation
Pennsylvania’s workers’ compensation law prohibits employers from retaliating against employees who request or receive workers’ compensation benefits, including by demoting, harassing, or terminating employees or denying pay or benefits to an employee because they filed a workers’ comp claim. However, an employer does not have to hold a job open for a worker temporarily disabled by a workplace injury, nor does the employer have to offer the worker light duty if they can work with restrictions.
Contact a Workers’ Compensation Attorney
After getting hurt in a workplace accident in Pennsylvania, an experienced workers’ compensation lawyer can help you take action to protect your legal rights and options for workers’ comp benefits. Contact the Law Office of Jason Javie today for a free, no-obligation consultation with a knowledgeable attorney to learn more about the steps you should take after a workplace injury to ensure your right to benefits.