What to Do After You Get Hurt at Work in Philadelphia

A common question for injured workers in Pennsylvania is what happens after they get hurt. Note- all cases are unique. These are general guidelines. You should speak to me or another experienced Pennsylvania Work Comp Lawyer to discuss the details of your situation.

Call an Experienced Workers Compensation Attorney

Our experienced Philadelphia Workers’ Comp attorneys will help navigate your unique supersedeas obstacle and work with you to ensure your benefits continue so you can heal without distraction or worry.

We are a niche law firm with specialization and a focus on the PA workers’ compensation system. We know how it works and how to move it to help provide relief and aid to injured workers in Pennsylvania.

Give Your Employer Notice

The first step is Notice. This is a critical element of a viable workers’ compensation claim. You must give notice within 120 days or the claim is forever barred. But you want to give notice immediately upon realizing that you were injured while working. Otherwise, the wage loss benefits can be delayed. Does notice have to be written? No, but that’s always stronger than verbal notice. Tell a manager or supervisor or owner how you got injured, what you were doing that caused it, and what you injured.

Once you are injured at work, you must report the injury.  Once you report the injury, the Employer/Insurer has 21 days to issue one of 3 documents:  1) A Notice of Compensation Payable which accepts your claim, 2) A Notice of Temporary Compensation Payable which temporarily accepts your claim for up to 90 days as it investigates, or 3) A Notice of Compensation Denial which denies acceptance for your work injury.

File an Incident Report

Next, ask if you need to fill out an incident report. Also ask if the Employer has a list of “panel” doctors– these are employer picked doctors that treat an injured worker for the first 90 days. However, there are exceptions to this rule so contact us to find out how or if you can circumvent this requirement. Panel doctors tends to be family physicians who are biased towards the Employer and who usually minimize the nature of the injury- often chalking up the diagnoses as a “sprain” or “contusion.”

Make sure to contact us. The earlier the injured worker lawyers up, the better. Pennsylvania Workers’ Compensation Law is quite complicated and the insurers have guidance from attorneys on their side- so should you! All fees under the PA Work Comp Act are contingent- meaning we must have a Court Order approving a fee to get paid. And we cover costs. You should never pay a Philadelphia Workman’s Comp attorney an hourly rate. We get 20% of wage loss benefits but only if we get wage loss benefits for you, settle the case, prevent the insurer from reducing your benefits, or otherwise improve your case such as by adding work-related diagnoses by way of a Petition to Review.

Understand Your Company’s Employee Handbook and Policies

Make sure you get a Notice of Compensation Payable, a Temporary Notice of Compensation Payable, or a Notice of Denial within 21 days of when you gave notice of your injury. Ask your claims rep to send you a copy of whichever of these documents he/she filed. If you are getting work comp checks, ask for a copy of a Statement of Wages to see how they calculated your average weekly wage and compensation rate.

Read your company handbook carefully to make sure you follow protocols for calling out sick, presenting doctor’s notes, etc.  Employers are often trying to terminate injured workers after a work injury- and they know they cannot retaliate and terminate an employee merely because they are injured or pursuing Pennsylvania Work Comp benefits- but they can terminate an employee for many other reasons.

Fill Out Any Papers Your Employer Requests

Fill out any papers given to you by your employer such as an incident report. You should do this after speaking with your attorney.

Be Careful or Avoid Speaking About Your Incident

If your employer asks about prior injuries, make sure to think carefully about your past to make sure you give an accurate history. Do not talk to other co-workers about your case.

Ask Your Employer if They Have a Panel Doctor for You to See

You should do this within the first 90 days. You can avoid having to treat with a panel doctor if certain technicalities weren’t met. Call or email me for details on this. Panel doctors work for the employer- they are not on your side. Their goal is to minimize the nature of your injury and get you back to work no matter how you are feeling.

Get Medical Treatment

Getting the best medical treatment is really important so consult with your attorney and family doctor if you have one, about what treatment you’re getting in the early stages- to see if it’s appropriate given the symptoms you feel.

Once notice is given to the insurer/employer, the work comp carrier will have 21 days to accept your claim, deny it, or temporarily accept it. They issue a Notice of Compensation Payable, a Temporary Notice of Compensation Payable, or a Notice of Denial. They can accept medical benefits only if they don’t believe the work injury is causing wage loss, or they can accept wage loss and medical benefits. Talk to us about what was issued in your case so we can monitor.

If you receive restrictions from your treating physician- make sure to communicate these immediately to your supervisor/manager. The burden will then shift to the Employer to advise you if they can accommodate the restrictions. This raises two issues. One, are the restrictions appropriate? And, two, is the work that Employer says is available, truly within these restrictions. I cannot tell you how many times I’ve heard from injured workers that the Employer claimed “light duty” was available only to find out that the job really wasn’t “light duty”- but something more.

Follow the Doctor’s Orders

If you continue working after the work injury, make sure the employer is abiding by your doctor’s restrictions and if it isn’t, take daily notes as to how it isn’t complying and report the non-compliance to a supervisor.

These are just some of the initial issues that will arise early in a Pennsylvania Workers’ Compensation case. We’re here to help so call or email us 7 days a week.