Dealing with a workplace injury is stressful enough without added complications. Unfortunately, even with good intentions, employers can sometimes make mistakes that negatively impact an employee’s workers’ compensation claim in Pennsylvania. At Stark Law Group LLC, serving employees throughout Lancaster, PA, and the surrounding areas, we frequently see how these errors can create unnecessary hurdles for injured workers seeking the benefits they deserve.
Understanding these common employer missteps can empower you to protect your rights and ensure a smoother process. If you’re facing difficulties with your workers’ comp claim, don’t hesitate to reach out to an experienced workman’s compensation lawyer at Stark Law Group LLC. We’re here to guide you through the complexities of employment law in Pennsylvania.
Common Employer Mistakes in Workers’ Compensation
Here are some frequent errors employers make in Pennsylvania workers’ compensation cases:
- Discouraging or Failing to Report the Injury Promptly: Pennsylvania law requires employees to report work-related injuries to their employer as soon as possible, but no later than 120 days from the date of the incident. Employers have a corresponding duty to facilitate this reporting. Mistakes happen when employers:
- Discourage employees from reporting injuries, perhaps downplaying the severity or suggesting alternative solutions.
- Fail to provide clear procedures for reporting injuries.
- Delay in officially reporting the injury to their insurance carrier.
- Impact on Employee: Delays in reporting can jeopardize your claim. The insurance company might argue that the injury wasn’t work-related or that the delay prejudiced their investigation.
- Misclassifying Employees as Independent Contractors: Some employers misclassify their workers as independent contractors to avoid the obligations of workers’ compensation coverage. However, Pennsylvania law has specific criteria for determining independent contractor status.
- Impact on Employee: If you’re wrongly classified, your employer might deny your workers’ comp claim, arguing you’re not an employee.
- Directing Medical Treatment Against Your Rights: While the employer (or their insurance carrier) initially has the right to designate your treating physician for the first 90 days, they must follow specific rules. Mistakes occur when employers:
- Fail to provide a panel of at least three physicians from which you can choose.
- Pressure you to see a specific doctor without offering a panel.
- Improperly attempt to control your medical treatment after the initial 90-day period.