Strengthening Your Workers’ Comp Case
Regardless of the type of work injury you sustained, it is important to take a few basic steps to help strengthen your workers’ compensation case. It is, for instance, critical to create a record of the injury by reporting the accident properly as soon as possible, taking photographs, and noting the names of any co-workers who saw the accident occur. Obtaining medical attention is also critical, as is keeping all records related to diagnosis and treatment.
Creating a Record of the Injury
Workers’ compensation insurers often deny claims by arguing that an injury wasn’t actually sustained at work. One of the best ways to preempt these arguments is to start documenting the work accident as soon as it occurs by:
- Bringing the injury to the attention of one’s co-workers immediately;
- Reporting symptoms to supervisors and doctors; and
- Taking pictures of physical signs of the accident or injury, which can be used to establish the time and date that the injury occurred.
Employees who are hurt on the job should also be sure to report their injuries to their employer promptly. The longer a person waits, the more likely it is that an insurer will contest the claim for benefits. By making an immediate report of the accident, an injured employee will make it harder for an insurer to claim that an injury wasn’t work-related.
Seeking Medical Attention
Even if an injury seems relatively minor, victims of workplace accidents should seek medical attention as soon as possible. Symptoms could become more severe over time, while others don’t manifest immediately, but can be identified by a specialist. Again, failing to obtain medical treatment after an accident (besides delaying diagnosis and treatment) is often used as an excuse by insurers to deny claims. By seeing a doctor soon after an accident, an injured employee can nip this argument in the bud.
Keeping Medical Appointments and Following the Treatment Plan
Another step that injured employees can take to strengthen their workers’ compensation claim is to attend all of their medical appointments, whether for treatment, follow-ups, or therapy. Missing medical appointments can be used by insurers as evidence that a person wasn’t really as injured as he or she claimed. Of course, we all know that life can get busy and that sometimes rescheduling is necessary, but generally, keeping your appointments is a good idea, not only for your recovery, but for getting your claim approved.
Similarly, injured employees should also be sure to follow all of their treatment recommendations and limitations carefully. Failing to do so encourages insurers to prematurely argue that an employee no longer needs treatment and has healed from his or her injuries. Failing to abide by a doctor’s restrictions or comply with a treatment order can also impede an employee’s healing, even putting that person at risk of permanent disability.
Seek Legal Advice from an Experienced PA Workers’ Comp Lawyer
To learn more about the steps you can take to strengthen your claim for benefits following a workplace injury, reach out to dedicated Wilkes Barre workers’ compensation lawyer Keith Figured at 570-954-9299 today.
Sources:
dli.pa.gov/Individuals/Workers-Compensation/publications/Pages/LIBC-100-WC–The-Injured-Worker-Pamphlet.aspx
dli.pa.gov/Businesses/Compensation/Documents/flow-of-wc-claim.pdf
