Pennsylvania workers’ compensation attorneys aim to ensure employees receive all the benefits they are entitled to following a work-related accident resulting in injury or disability. Many employees are unfamiliar with the laws, what constitutes a workers’ compensation claim, and what to avoid as a claimant.

Respected, specialty workers’ compensation attorneys in Pennsylvania, like you can find by visiting https://munley.com/workers-compensation-lawyer/pennsylvania-workers-compensation-lawyer/, share the obstacles that could interfere with a Pennsylvania Workers’ Compensation claim.

We’ll examine claim don’ts to inform clients facing potential work-related cases for optimal decision-making.

Obstacles That Can Interfere with Pennsylvania Workers’ Comp Cases

Under the State Compensation Act, workers in Pennsylvania are entitled to prompt compensation for medical expenses and wage loss, regardless of fault or any preexisting conditions. This is when an employee is hurt while on the job, because of work duties, or it can be when traveling to or from work.

In most incidents, the carrier doesn’t advise an injured worker of their entitlement to benefits, and the statute of limitations expires without these being paid. Obtaining an attorney to pursue your best interests in filing a claim for medical benefits and wage loss is recommended.

Here are just a few of the many things to avoid as a potential claimant in a Pennsylvania Workers’ Comp case.

Failing to hire a competent workers’ compensation attorney

Each law firm is unique. Hiring a lawyer specializing in workers’ compensation in Pennsylvania will make a difference in the result of your claim. Look for the following when searching for the right attorney:

Years of experience devoted to representing workers injured on the job in similar situations to yours. A lawyer specializing in this area of law will have an in-depth knowledge compared to an attorney who practices varied areas of the law, only touching on workers comp periodically.

You can gauge the attorney’s stance on fighting for your best interest by the number of cases they have appealed to either the Commonwealth or Supreme Courts. The attorney should have received their share of awards for penalties and lawyer fees for unreasonable contest on clients’ behalf.

When speaking with the attorney and reviewing their website, do you come away learned?

Does their reputation precede them? Are they known in the state and well-received by a solid following of past and current clients who stand behind what they perceive as a stellar performance, exceeding expectations with their outcomes?

The attorney should be a certified specialist by the state’s bar association as authorized by the Supreme Court in Workers’ Comp.

What’s the lawyer’s reason for acting as a representative for injured workers?

Fail to give the employer adequate notice of the work-related injury

You are required to adequately let the employer know that you’ve had a work-related incident resulting in injury according to the Pennsylvania Workers” Comp Act “120 days from the date of the accident.” Specific people must be notified; not just anyone will suffice, or the claim cannot be legally recognized.

Notify an individual of “supervisory authority”, including a human resource director, with documentation that you made this report in case there is no action on the company’s part. Oral notification is required, but written notification, particularly by an attorney as a form of formal advisement, is better.

The employer has “15 days from the incident date” to file an accident report with the Department of Labor and Industry. You should report all injuries to your employer regardless of their severity. Minor injuries can grow worse over time.

The insurance carrier has “21 days to either submit a Notice of Compensation Payable or Denial in writing.” If they fail to do so, contact a lawyer for immediate representation. If you receive a denial, your personal provider is legally responsible for treatment while the workers’ comp claim is pended.

The insurance carrier is not “a friend”

Once an injury has been reported, the insurance carrier will continue to try to contact you. The provider will act concerned to know about your health but be wary.

These calls are intended to gain information to use against you with attempts at some point to obtain authorization to speak to or get records from the treating physician.

In a roundabout sense, these individuals are paid detectives for the defendant. Their role is to try to reduce compensation which often leads to unnecessary litigation.

The injured worker is entitled to patient privileges with their physician. The client’s attorney can revoke the insurance carrier’s authorizations that clients inadvertently sign. Lawyers will further advise their clients to deny insurance carrier managers and nurses access to their treating physicians.

A lawyer specializing in Pennsylvania Workers’ Compensation claims is essential to ensure the case is filed promptly and legitimately and that compensation is fair and reasonable. Go here for tips on what a good workers’ comp lawyer should do for you.