If you have been injured at work, chances are your employer has Workers’ Compensation Insurance. This insurance, often just referred to as Workers Comp, is coverage that you are entitled to receive, and will pay your medical costs and lost wages during your recovery.
How Do You File A Workers Compensation Claim?
- Get immediate medical attention, even if you received medical attention at work. This early doctor’s visit is essential for documenting your injury when you file your claim. Be sure to tell the doctor that you have been injured at work. For the first 90 days after your accident and injury, you may be required to see an employer-approved doctor.
- You must also report your injury to your employer as soon as possible. Reporting your injury may mean just telling your manager or, in larger companies, it may mean seeing someone in your human resources department. These people can advise you of your next steps.
- You must report your injury within the first 21 days to receive benefits from the date of your injury. You must also report your injury within 120 days or relinquish your right to make any claim.
- After you report your injury to your employer, your employer will file a First Report of Injury (FROI) form with the Pennsylvania Workers’ Comp Bureau. This is the first step in establishing a claim in the Workers’ Compensation Automation and Integration System (WCAIS).
- There are several other forms related to your wages and employment that your employer will file. You will also need to fill out several forms.
How do I Get Help With My Workers’ Compensation Claim?
If you are seriously injured, getting professional help when initially filing your claim is important. Your employer is responsible for providing minimal guidance, but depending on your situation, this could create tension in your workplace.
Having a Philadelphia work accident attorney who is familiar with the workers’ compensation claims process in Pennsylvania to guide you and be your advocate can make a big difference in the outcome of your case.
Some injured workers may hesitate to file a claim because they are worried about losing their job. You cannot be fired for having an accident at work. Your employer has insurance specifically to cover you and all your co-workers when injuries happen on the job.
The workers’ compensation insurance system is designed to help you, the injured worker, obtain the benefits you need to pay your medical costs and also be compensated for lost wages during the recovery process. However, the more serious your injuries are, the more challenging it can be to receive the specific medical treatments you need, pay all your bills, and stay afloat financially.
A Philadephia worker’s compensation lawyer can help you document your injuries, assemble all medical records from the hospital, the doctors who have treated you, and other providers. Sometimes it is beneficial to include formal statements from healthcare professionals with your initial claim.
What if My Claim is Denied ?
If your claim is denied, or if you receive a petition to terminate, modify, or suspend your benefits — contact an attorney immediately.
For claim denials, it is crucial to appeal quickly. The petitions are about your employer, or your employer’s insurance company, trying to stop or change your wage loss and medical benefits.
What are My Options ?
Under the Pennsylvania Workers’ Compensation Act, an employee cannot sue an employer or co-workers for negligence. However, there are some exceptions to this rule.
The most common exception is when the employer has failed to maintain mandatory workers’ compensation insurance. In this situation, the employer loses the immunity that the Workers’ Compensation Act provides.
Another exception is if the intentional act of another injured you, and it was not related to work. In this situation, the responsible party is not immune from a personal injury action just because the injury happened in the workplace.
The Law Offices of Joel J. Kofsky, are ready to help you with your workers’ compensation claim so you can receive the financial compensation you deserve. Contact our offices at (215) 735-4800 to schedule your free initial consultation.