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REPORT
ALL INJURIES IMMEDIATELY
Workers'
compensation law comes into play any time an injury occurs on the
job. Even employers are careful to instruct workers to report all
injuries so that an employee who fails to do so raises a serious
doubt when he attempts to submit a wage loss claim with an old injury
that was never reported. Even if a worker does not seek medical
treatment or loses any time form work, the accident should be reported
to the worker's immediate supervisor.
Often, a worker
injures his back, arm, or shoulder and continues to work causing
further aggravation of the original injury. This may occur over
a period of days, weeks, months, or years. When the worker finally
reports the injury, the claim is seriously questioned because suspicion
arises that the injury occurred off the job.
When reporting
an injury, an employee should be sure to describe every aspect of
the injury insofar as those bodily elements and functions which
were involved. More important, the complaints should be described
in detail to the physician who first treats the worker. Unless the
worker is being treated at a hospital's emergency ward, his or her
first treatment will be with a doctor who is paid for by the employer's
insurance company who has already proven loyal to the insurance
company by scrutinizing all the workers' complaints and minimizing
the extent of the injury. If the assigned insurance representative
in not satisfied with the doctor's reports the worker could immediately
be assigned to a more cooperative physician.
Following an
injury, a worker is entitled to all medical expenses arising from
required treatment. If he is unable to work for two weeks, he receives
two-thirds of his average weekly gross wages. There are no items
of damages such as pain and suffering, inconvenience, or loss of
life's pleasures as in a civil claim for personal injuries.
The employer
is immune from civil suit outside the Workers' Compensation Act
so long as he carries worker's compensation insurance and pays benefits
for work related injuries. The circumstance may arise, however,
that another individual or entity may be responsible for the injury.
The Pennsylvania Worker's Compensation Act does not provide immunity
or preclude suits against third parties who may be responsible for
a worker's injuries.
Examples of
when third parties suits may arise:
- On construction
sites when a injury is the result of the act or omission of a
worker of another contractor or subcontractor;
- When an employee
is injured as a result of a defect on property not owned by the
worker's employer;
- When an employee
is injured by a defect in a product that is in use during the
work day at his place of employment. This includes machinery or
chemicals used at the employer's place of employment;
- Employment
requiring the operation of motor vehicles.
Above are only
a few examples of third party lawsuits available to an injured worker.
Many a right to sue has been lost because an injured worker did not
consult with an attorney regarding a possible right to a third party
suit. If a worker receives benefits from his employer, the later has
complete subrogation rights on any funds recovered from the third
party.
It is strongly recommended that an injured worker consults with
an attorney specializing in workers' compensation law after sustaining
a work related injury ever when the Employer has agreed to pay workers'
compensation benefits. The insurance company prepares to get the
injured worker off of workers' compensation from the date of the
injury, and the worker is at a disadvantage without a basic understanding
of the workers' compensation system.
Most workers'
compensation attorneys provide free initial consultation and do
not charge a fee until the employer has brought a formal challenge
the to injured workers' wage loss benefits.
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