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Top 3 Mistakes That May Hurt Your Workers’ Comp Case

January 19th, 2021

While no one wants to be injured on the job, accidents do happen. If you or someone you love is hurt at work, the effects can be severe and include pain and suffering, time off work, lost wages, expensive medical bills and more. If injured on the job in Pennsylvania, individuals have the right to file for workers’ compensation benefits.

Workers’ comp is a form of insurance that provides replacement wages and medical coverage for employees hurt at work. While it may sound straightforward, the process of applying for workers’ compensation is complex and can feel overwhelming. To provide the best opportunity for your workers’ comp application to be accepted and to receive the benefits you deserve, the workers’ compensation lawyers at Dale E. Anstine are outlining the top three mistakes that may hurt your workers’ comp case and sharing tips on how to avoid these errors.

Mistake #1: Failure to Report the Injury in Time

One of the most common mistakes that leads to workers’ comp applications being denied or individuals receiving less compensation than they deserve, is failing to report the injury in a timely manner. After being injured on the job, it is critical to provide a written statement of the injury to your supervisor. Then, an official claim must be filed within 120 days of the injury. In Pennsylvania, workers’ comp claims can be filed by the employer or employee online through the Department of Labor and Industry. Failing to report the injury to the Department of Labor and Industry within 120 days can negatively impact your case and right to compensation.

Mistake #2: Not Following Treatment Orders

After being injured at your workplace, it is critical to seek medical treatment and follow all the doctor’s orders. The purpose of workers’ compensation is to provide resources to help cover expensive medical bills and time off work. Failure to seek treatment for an injury could cause your employer or the Department of Labor and Industry to question the severity of your injury and ultimately negatively impact your case.

Mistake #3: Failure to Keep Documentation & Records

As with any legal case, it is critical to keep detailed documents and reports. After an injury is sustained at work, be sure to document details including how the accident happened, the specific injuries suffered and photographs of the injuries if applicable. Additionally, ask for copies of medical reports and records related to the work injury to support your case. Lastly, keep track of missed work due to your condition. Keeping notes and records as evidence can help increase the chances of your workers’ compensation case being approved and receiving full benefits.

Don’t Fight Alone

The workers’ compensation process can seem overwhelming at times. If you or a loved one are injured on the job, get an experienced York, Gettysburg and Hanover workers’ comp lawyer on your side to handle the details for you and ensure no mistakes are made in the application process.

It is especially important to reach out to an attorney if your employer refuses to submit your injury report, which is against the law, or if your employer denies responsibility for your injury, which may require you to file a claim petition. To ensure your rights are protected, get in touch to speak with an attorney. Consultations are FREE, we’re available 24/7 and there is no fee unless we win for you!