What Should I Do If I Am Injured At Work?

Immediately after a workplace injury, your mind will run through many thoughts. Do I need to go to the hospital? Will I need a lawyer? What should I do next?

Our team of attorneys can help you understand what to do after a workplace injury. At Stark Law Group, LLC, thousands of clients have turned to us for guidance after serious accidents. Having practiced workers’ compensation law for nearly 20 years, Attorney Eric Stark can take you step by step through everything you should do after a workplace accident to recover full compensation.

The Steps You Should Take

No matter which industry you work in or what type of injury you experience, these are the basic steps that you should follow to protect your rights and ensure you receive the workers’ compensation benefits you deserve. These are the basic steps that you should follow:

Report to your supervisor

The sooner you report your injury to your supervisor, the better. Under Pennsylvania law, you have up to 120 days to notify your employer of an accident, but it is advisable to do so as soon as possible. Failing to report within this timeframe could jeopardize your eligibility for workers’ compensation. Prompt reporting is also crucial for occupational safety and health reasons, as it allows your employer to address any workplace hazards that may have contributed to the incident.

Seek medical attention

It’s important to seek medical attention immediately, even if your injury seems minor. Under Pennsylvania workers’ compensation law, although you are always permitted to choose your treating medical provider, the Law permits an Employer to deny payment for treatment during the first 90 days if you do not use a panel doctor. Proper medical documentation will be vital if you need to file a lawsuit or appeal later. Having records from a physician is critical for proving the extent of your injuries, which can impact disability benefits and potential pain and suffering claims.In the event that your claim is denied, and you do not have insurance coverage, Stark Law Group can assist you with securing necessary medical treatment for your injury.

Make sure your employer files a report form

Your employer is responsible for filing the First Report of Occupational Injury with the local Bureau of Workers’ Compensation. If your employer’s insurance company denies your claim or offers an insufficient settlement, you may need to consult a lawyer and file your own claim. In such cases, a law firm experienced in employment and workers’ compensation cases can guide you through the process and help you recover the damages you are entitled to. This might include compensation for medical expenses, wage loss, and other related costs.

At every step, we can ensure that you complete the details of the workers’ comp process correctly. If you receive a denial of compensation, we will begin the process of filing a Claim Petition before a Workers’ Compensation Judge immediately.

Get Our Help For The Workers’ Comp Process

It is never too soon to get in touch with an attorney after a workplace accident. When you contact us, we will immediately evaluate your situation and determine what you should do next. To reach us in Lancaster, please send us an email, call us at 717-573-7321 or call us toll-free at 855-336-5456.

Frequently Asked Questions about What To Do After a Work Injury

What qualifies as a work-related injury?

In the context of employment, understanding what qualifies as a work-related injury is crucial for ensuring that you are adequately protected under the law. A work-related injury refers to any injury or illness that occurs while you are performing tasks directly related to your job duties. This can include slip and fall accidents on company premises, construction accidents, or injuries sustained while operating heavy equipment. In certain cases, even occupational diseases like asthma or carpal tunnel syndrome, which develop over time due to your job, may be considered work-related injuries. Additionally an “aggravation” of a pre-existing condition also constitutes a work-related injury. In Pennsylvania, it is vital to report such incidents promptly to your employer and seek medical attention to ensure that your workers’ compensation claim is processed correctly.

However, not all injuries sustained during work hours automatically qualify as work-related. For an injury to be considered work-related, it must occur while you are engaged in activities that benefit your employer or fall within the scope of your employment duties. For example, injuries sustained during breaks or lunch hours may only be considered work-related if they occur on company premises or during a work-related activity. In cases involving negligence, premises liability, or product liability, it is essential to consult a lawyer to understand how liability insurance and workers’ compensation law apply to your specific situation. It is important to be aware of potential exclusions. For instance, injuries that occur due to intoxication, horseplay, or while engaging in activities outside your employment contract may not qualify for workers’ compensation benefits. In such cases, you may need to explore other legal avenues, such as filing a lawsuit for damages. It is also worth noting that employment law can be complex, particularly in matters involving discrimination, harassment, or whistleblowing. If you believe that your rights have been violated, seeking legal advice from a law firm specializing in employment and workers’ compensation law is crucial.

To protect your rights and maximize your chances of receiving disability benefits and compensation for pain and suffering, it is advisable to work with a lawyer for workers who can guide you through the process. Whether you are dealing with a work accident, amputation, or the need for surgery, having proper documentation from a physician and understanding the relevant insurance policies are key. Ultimately, knowing what qualifies as a work-related injury helps ensure that you receive the necessary support and income protection during your recovery.

How do you apply for workers’ compensation?

Applying for workers’ compensation is a crucial step after sustaining a work injury to ensure that you receive the necessary financial support and benefits. The first action you should take is to promptly report your injury to your employer. This step is vital as Pennsylvania law and other states have strict deadlines for filing a workers’ compensation claim, and missing this window could jeopardize your ability to receive disability benefits. The sooner you inform your employer, the better your chances of having your claim processed efficiently. Early reporting also helps document the injury accurately, which is essential for proving your case.

Once you report your injury, your employer should provide you with the necessary forms to initiate the workers’ compensation process. It is essential to fill out these forms thoroughly, detailing every aspect of the injury and the circumstances under which it occurred. If you suffered a work accident, such as a slip and fall on company premises, or developed an occupational disease like asthma due to hazardous conditions, these details must be clearly outlined. You may also need to seek immediate medical attention from a licensed physician and obtain comprehensive documentation of your injuries, which can be crucial for your claim. Your workers’ compensation claim will then be reviewed by the insurance company that handles your employer’s liability insurance. They will investigate the validity of your claim, which may involve interviews, medical evaluations, and the gathering of additional evidence. Cooperation with this investigation is essential, as failure to do so could result in delays or denial of your claim. If your claim is approved, you will receive compensation to cover your medical expenses and any lost wages due to your injury. However, if your claim is denied or if you feel the settlement offered is insufficient, you may need to consider filing an appeal or even a lawsuit for damages with the assistance of a lawyer.

Given the complexities of workers’ compensation law and the potential for disputes, consulting with an experienced workers’ compensation attorney is often advisable. A lawyer can provide you with legal advice tailored to your specific situation, whether you’re dealing with pain and suffering, disability, or negligence issues. They can also help ensure that your rights are protected and that you receive the full benefits to which you are entitled. Navigating the workers’ compensation process can be daunting, but with the right support and knowledge, you can secure the financial assistance needed to recover from your work-related injury and move forward with your life.

How much does a workers’ compensation attorney cost?

In Pennsylvania, workers’ compensation attorneys who represent injured workers work on a contingent fee basis. This means that injured worker attorneys are paid a fee if and when they secure or defend an individual’s right to claim workers’ compensation benefits. The law caps the attorney’s fee at 20% of a worker’s benefits.

With that said, there is no fee to consult with Attorney Stark concerning your workers’ compensation claim. If you are currently receiving benefits and your claim is proceeding as it should from a legal standpoint, an attorney’s fee is not immediately payable. An attorney’s fee comes into play if and when Stark Law Group pursues benefits for you on a claim that has been denied, or is required to actively defend your benefits if the insurance carrier alleges that you have fully recovered, or that you can work (even if you are not ready to return to work based on your own medical provider’s recommendations. In other words, you can often use the services of an attorney to guide you through your claim without the immediate fear of losing 20% of your benefits in attorney’s fees.

Often, an insurance adjuster may also want to offer you a settlement in your case, particularly if you have an ongoing claim for benefits that are being paid currently. It is strongly recommended that you consult with an attorney before engaging in settlement discussions or negotiations on your own. At Stark Law Group, you would only be charged a fee on the amount of money that our firm secures for you, which is over or above the amount that you have already been offered before our firm gets involved on your behalf.

The moral of the story is – don’t let the fear of an attorney’s fee prevent you from getting the legal guidance that you need to navigate through your workers’ compensation case!

What is the workers’ comp statute of limitations?

Understanding the workers’ compensation statute of limitations is critical for any employee who has sustained an injury at work. The statute of limitations is the legal deadline within which an injured worker must file a claim to seek workers’ compensation benefits. This time frame varies from state to state, with most states, including Pennsylvania, setting the limit between one to three years from the date of the work injury or the date when the injury was discovered. Missing this deadline can have severe consequences, as it could result in the forfeiture of your right to compensation, leaving you without the financial support needed for medical treatment and lost wages.

In Pennsylvania, for instance, the statute of limitations for workers’ compensation claims is generally three years from the date of the injury. However, special circumstances can apply, such as in cases of occupational disease, where the timeframe may extend depending on when the disease is diagnosed. Given the complexities of workers’ compensation law, it is essential for injured workers to act promptly and seek advice from a qualified lawyer to ensure their rights are protected. Philadelphia and Pittsburgh workers who have experienced workplace injuries should be especially mindful of these deadlines, as workers’ compensation lawyers in these areas can provide tailored guidance. Failing to file a claim within the statute of limitations can have serious legal ramifications. Injured workers may lose their right to pursue disability benefits and pain and suffering compensation, even if the work accident was severe or resulted in long-term disabilities, such as carpal tunnel syndrome or amputation. Claims related to negligence, product liability, or premises liability can also be affected if not filed within the appropriate time frame. This is why it is crucial to remain vigilant and proactive in addressing any workplace injury, ensuring that you do not miss the opportunity to secure the benefits and support to which you are entitled.

Given the complexity of the workers’ compensation process and the strict legal requirements, it is advisable to seek the assistance of a law firm specializing in workers’ compensation cases. An experienced lawyer can help navigate the intricacies of employment law, file the necessary paperwork, and represent your interests in front of a judge if a dispute arises. Whether dealing with insurance companies, negotiating settlements, or pursuing an appeal, having legal support can make a significant difference in the outcome of your case. Pennsylvania workers, particularly those in high-risk industries like construction or manufacturing, should not hesitate to consult with legal professionals to ensure compliance with the statute of limitations and protect their rights to fair compensation.