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Workers’ Compensation Myths: Setting the Record Straight

November 19th, 2019
Workers' Comp Myths

Workers’ compensation is a complex area of law. Many times, clients believe they know how to handle a work injury because of information they read online or what they have been told from family, friends, and even their employer. However, handling a workers’ compensation case without an experienced attorney can lead to stress, delayed medical treatment, and can impact rights to compensation.

The workers’ compensation attorneys at the Law Offices of Dale E. Anstine in York, PA have heard many myths about workers’ compensation over the years. Today, we’re sharing some of the most commonly heard myths and the facts to set the record straight.

Workers’ Compensation Myths

Workers’ compensation is a form of insurance that provides replacement wages and medical coverage for employees who are injured at work. Although the definition sounds simple, there are many misunderstood or mistaken myths.

Myth #1 – If I report an injury to my boss I can get fired.

It is illegal for employers to fire employees in direct retaliation for reporting a work injury or filing a workers’ comp claim. However, it is legal for employers to fire employees while they are on workers’ comp or while a workers’ comp claim is being litigated. If an employee is fired in retaliation for reporting a work injury, they may be able to take a separate cause of action in civil litigation against their employer. If you believe that you were wrongfully let go from your place of employment because of a work injury, reach out to our attorneys today to learn more about your rights.

Myth #2 – I can report a work injury to my employer at any time, no matter when it occurred.

In the state of Pennsylvania, to receive wage loss benefits, you must report your injury to your employer within 20 days. If you do not report your injury within 20 days from the incident, then you can only collect wage benefits from the date you report it onward. After 120 days, if the injury has still not been reported, you will not be eligible for any workers’ compensation benefits. Any injury that occurs in the workplace should be reported immediately to protect the rights of the injured.

Myth #3 – My employer and insurance carrier cannot use private information, such as what I post on social media, against me.

After an accident at work, victims seek compensation for a variety of injuries. These injuries can range from broken bones, to concussions to chronic pain. In order to protect yourself and your case, it is important to think before posting to your social profiles.

When pursuing workers’ compensation, it is important to remember that anything you post to social media, from check-ins to photos to comments, can all be used during the case. No matter how secure you believe your social media profile settings are, you would be surprised at how easily information can be accessed to use as evidence. To learn more about how you can protect yourself on social media check out our recent blog.

Get an Experienced Attorney on Your Side

At the Law Offices of Dale E. Anstine, your injury is our fight. If you or a loved one has been injured at work, reach out today for your free consultation. Get a specialized attorney on your side who has a full understanding of the complexities of workers’ compensation laws in PA. Consultations are always free, we’re available 24/7 and there’s no fee unless we win for you.