How to Win a Workers’ Compensation Case in Pennsylvania

The Quick List:

1. Hire an experienced workers’ comp lawyer right away
2. Reporting the injury immediately to a supervisor
3. Following company guidelines regarding panel physicians
4. Giving a complete and accurate history to your doctors as to how and when the injury occurred
5. Trying, in good faith, to attempt any light duty work offered
6. Following the doctors’ recommendations
7. Keeping a diary/journal as to significant events- especially if you were asked to return to work and called back to reply to no avail
8. Don’t do anything to get yourself fired because employers are bearing down on you after a work injury to potentially look for reasons to fire you in an attempt to avoid liability for the work injury
9. After 90 days is up, see a doctor outside the panel doctor list
10. Don’t engage in chit chat with co-workers about your injury or treatment

If your Employee Handbook says that you must present a doctor’s note for a call out, then provide a note! Do whatever you can to avoid allowing the Employer to terminate  you “for cause”.  Many injured workers will fail to review the Employee Handbook about the protocol after a work injury, or for missing time. Getting terminated for cause can jeopardize a wage loss claim.

Communicate With Your Attorney

Communication is so vital to maximizing a case. For example, if you received a job offer letter in the mail, advising that the Employer can offer you work within your restrictions, then tell your attorney. Or, if you get forms in the mail to fill out, and are confused about them, call you attorney. If you have returned to work, or are thinking about returning to work, call you attorney. If you have, or need to, change doctors, call your attorney. Over-communicating is better than Under-communicating. These cases can make you feel exhausted, but they don’t last forever. Hang in there and stay attentive to details.

Follow Your Doctor’s Advice

If your treating doctor advises you to do therapy 3 days a week, but you miss appointments without good reason, that will hurt your case. If they advise to avoid lifting more than 10 lbs, then don’t lift more than 10 lbs. In other words, trust the experts! If you don’t feel like your doctor is on your team, call your attorney immediately. Medical evidence is ultimate key to winning so being on the same page with your doctor is critical.

Be Accurate and Honest

Of course, this goes without saying. However, the heat of the moment in a deposition or in court, can make people exaggerate. Remember, judges and lawyers tend to be very precise in the way they think. If you are asked “What type of work do you think you can do?” and you reply, “Nothing, I can’t work”, you will likely be asked more questions, such as “Can you pick up a phone?” or “Can you talk?”, “Can you sit for 15 minutes at a time?”   You want to be as precise as possible when answering questions. Many injured workers will become exhausted by all the questions, and overstate things in an attempt to get their testimony over and done. But this can be problematic. Ask your attorney what the key questions will be so that you can think about how to articulate a truthful, accurate answer.

These are just some tips. There are many factors to presenting a persuasive Pennsylvania Work Comp case. Remember also, that every case is unique. Listen to your attorney’s advice as best you can. Be attentive to hearing dates and whether you need to attend. You can only control so many things, but some effort can go a long way.

Call Cardamone Law, LLC for a Free Consult with a Philadelphia Workers’ Compensation Lawyer 7 Days A Week – (267) 651-7945

How to Lose a Workers’ Compensation Case in Pennsylvania

1. 1Fail to tell the doctors, lawyers, and judge that you had prior injuries
2. Fail to show up at a hearing or deposition where your presence is required
3. Fail to show up at your doctor’s appointments (or physical therapy)
4. Fail to report earnings or benefits received after the work injury
5. Fail to answer questions directly before the Judge or in a deposition

By avoiding these foolish actions, you will help maximize your odds at winning your Pennsylvania Work Comp case.