If you’ve been injured at the workplace, a worker’s compensation attorney in PA can help you get compensated for your losses. After your worker’s compensation claim, you’ll be able to pay your medical bills and your compensation will also make up for the wages you’ve lost.
The truth is, worker’s compensation exists so that people can recover from their injuries and get back to work. But over the last few years, several myths have developed. These myths prevent injured or ill people from filing for a worker’s compensation claim.
In cases like these, people often think that they know what to do to handle the situation. They start believing whatever the employer tells them — without doing research of their own. In many cases, this can lead to unwanted frustration and delayed medical attention. This can be harmful for people who are eligible for worker’s compensation because of the Pennsylvania Worker’s Compensation Act.
If you have some of these myths in your head — we’re here to clear your confusion. Listed below are some common myths about PA’s worker’s compensation.
1. You Can Get Fired If You Report an Injury
Firing an employee just because they filed a worker’s compensation claim is listed under Wrongful Termination and Retaliation. This means it is illegal. An injured employee has a cause of action. This is due to the civil litigation that goes against the organization for firing an employee just because they reported a work injury.
This can be very costly for an employer. If you think you’ve been terminated just because you made a worker’s compensation claim, contact Cherry Injury Law immediately!
2. A Work Injury Can Be Reported Anytime, Regardless of When It Occurred
Informing your employer of the injury that has happened to you can have some very specific guidelines in most cases. Firstly, in order to get compensated for your losses, you have to inform your employer within 20 days of when the injury occurred.
If you don’t inform your employer within 20 days of your injury — you lose the right to claim compensation! To give you an example, let’s assume you got injured and lost the ability to work on 6/1/2020 and provided notice of your injury on 8/1/2020. Now, if your claim is proven, then you will be eligible for benefits as of 8/1/2020 and not 6/1/2020.
However, (and this is more crucial) if you fail to notify your employer of your injury for 120 days since the injury first occurred, then you’re barred from receiving compensation benefits for life. Losing the right to avail worker’s compensation benefits can be draining.
That is why, as soon as you get injured — notify your employer!
3. Because I Have a Pre-Existing Condition, I’m Not Eligible for Worker’s Compensation
Yet again, FALSE!
According to a long-standing law in Pennsylvania, an exacerbation or aggravation of a pre-existing medical condition can get you compensation benefits. Because a previous condition has been aggravated, a person can avail worker’s compensation benefits.
To make sure that you get compensated, the medical evidence of your condition must prove that your condition is the reason you got injured. That’s it. Don’t get frustrated by thinking that you’ll have to bear all the expenses just because you had the injury in the first place. If something at work has worsened a non-symptomatic pre-existing condition, there’s hope for you!
Your employer might tell you differently if they’re trying not to provide you your benefits. Don’t believe them!
If you have a pre-existing condition, a worker’s compensation attorney in PA, like Cherry Injury Law, can help your case.
4. My Employer Is Supposed to Take Care of Me
If you’re injured on the job, you’re a liability to your employer. You’re not just a wage loss liability, but you’re also a medical liability. Because of this, your employer’s premiums of worker’s compensation can increase.
So now that you’re a liability, you need to understand where the interest lies. It lies with your employer — and them alone. If you’re injured at work, your rights are very valuable! Don’t try to gamble with them. In a situation like this, your employer can play the situation around to their advantage very smartly. That is why it is vital you have expert guidance by your side.
5. Because I’m in Pain, I Don’t Have to Return to Work
It isn’t necessary that your employer is always going to make the situation worse.
In many cases, employers give their injured employees light work that can either be done from home or in the workplace with little, manageable effort. But if you don’t comply and say no to this work as well — your benefits can be at risk. According to the Pennsylvania Worker’s Compensation Act, your employer has the right to accommodate an employee’s work restrictions.
If you don’t return to work, if all of your restrictions have been accommodated, you can end up losing wages — or worse, you can get fired. But if you’ve been offered a position which does not comply with your work restrictions, we recommend hiring a worker’s compensation attorney in PA.
6. My Insurance Carrier and My Employer Can’t Acquire My Social Media Information
If you still believe this myth — we suggest moving out of the cave you live in and getting an apartment.
In the 20th century, privacy is a myth, and it is uncomfortably easy to acquire social media evidence. We assure you, in a situation like this, both of these parties will rely on social media information.
7. I Won’t Describe to My Doctor How I Got Injured
Many people fear telling the doctor what they do when they visit a doctor for their injuries. If you plan to do this, look at the previous myth. The doctor or any lawful agency can easily find out what you do, so there is no point in lying.
Withholding important information can make it difficult for you. Whenever you visit your doctor, your doctor will note down everything, and it will go into your medical records. Having expert guidance by your side ensures you don’t make such mistakes.
If you’ve been injured at work, consider hiring Cherry Injury Law for your worker’s compensation claim. Our legal team can deal with the complications while you recover from your injuries.