As defined in my previous posts, workers’ compensation is a type of insurance that provides lost wages as well as medical benefits to employees who are injured during the course and scope of his or her job. If you are an injured employee and are in the process of filing a workers’ compensation claim, it is very important that you retain an experienced workers’ compensation attorney. This will best protect your interests and significantly improve your chances of receiving adequate compensation. There are several important steps and aspects of a workers’ compensation filing. This post will delve into this concept.
Key Steps of a Workers’ Compensation Claim
Initially, it is imperative that you, the injured employee, give notice to your employer within 21 days of the work-related injury. You may be barred from any compensation if do you fail to provide such notice. Therefore, you should tell your supervisor or boss immediately upon any work related injury you sustain. This is true even if the injury is minor. This is required under Section 311 of the Workers’ Compensation Act (“WCA”). Once such notice is provided, the employer is then required, per WCA, to provide notice to his insurer and to file an injury report.
From here, if the employer or insurer denies the workers’ compensation demand, notice of denial must be provided to the injured employee no more than 21 days from the date of original notification of injury. On the other hand, if the employer or insurer accepts liability for the injury, Notice of Compensation and an Agreement for Compensation must be provided, within 21 days from the date the employee provided notification of the injury. The Notice of Compensation and the Agreement for Compensation must be filed with the bureau accompanied by a Statement of Wages. The Statement of Wages is used to calculate the injured employee’s wages and the employer should provide a copy to the employee.
As mentioned in my previous post, if you opt to file a workers’ compensation claim, and are granted workers’ compensation benefits, you waive your rights to sue your employer for negligence relating to your work related injury. Yet, if you are denied workers’ compensation benefits, you may pursue such lawsuit. A negligence claim, in Pennsylvania, requires the injured employee (“Plaintiff”) to establish four elements. First, Plaintiff must show that the employer (“Defendant”) owed him a duty to conform to a certain standard of care for the protection of others. Second, Plaintiff must show that the Defendant failed to conform to said required standard. Third, Plaintiff must show a causal connection between the conduct and the resulting injury. Forth, finally, the Plaintiff must show actual loss or damages.
Hire an Attorney for your Claim
There are many complexities in workers’ compensation claims. For this reason, it is imperative that you hire an experienced workers’ compensation attorney to best protect your interests and to significantly increase your odds at compensation. The workers’ compensation attorneys at Martin Law are here to help. We are highly experienced Pennsylvania workers’ compensation attorneys with five offices conveniently located throughout Pennsylvania. Contact us today to schedule your initial consultation!