See what information employers withhold when you get injured on the job
If you were recently injured on the job, then you probably are feeling that familiar unease. You know, the unease that comes from suspecting your employer or supervisor is hiding something from you. This feeling may even be as if you could have done nothing worse to your employer than to get injured.
Though your injury may or may not have been your fault, the truth is that you are most likely entitled to workers’ compensation if you were injured on the jobor at the job. However, it is also true that your suspicions are based on more than just a hunch: Yes, there are probably some things your boss won’t tell you when you get injured on the job.
At this point you may be thinking, “Yes – I knew it!” or something to that degree, but let us expound more upon these truths. At the Law Offices of Thomas More Holland, we are able to give you the most precise information about your workers’ comp case because of our 20 plus years of specialization in this area.
Know More about What it Means to be Injured on the Job
First off, let us start by underlining how important it is for you to partner with a lawyer through your workers’ compensation case. The reason the TMH Law team thinks it so important for you to work with an attorney is because of all the assets an attorney can use to support your case.
Though we understand you may opt to represent your workers’ comp case without professional legal help, you should also know that cases presented without a lawyer usually are not as successful. However, whether you choose to hire an attorney for your case or not, we at TMH Law believe it is important to have some helpful knowledge when you have been injured on the job.
For information about what your employer might be withholding from you about your work injury, we turn to the resources at FindLaw.com. To understand more about this topic, be sure to read the FindLaw post on “Workers’ Comp: Employers’ Responsibilities.”
Injured on the Job? Your Boss Won’t Tell You This!
Now, with these considerations in mind, let’s get started on the basic list of things your employer doesn’t want you to know about your work injury:
- Your claim will raise their workers’ compensation insurance rates.
Though you may have already known or guessed this fact, most tension between employees and their employers following an injury on the job stems from this. This tension usually creates some difficulties. This is because, though your injury may not be your fault, its potential results may cause your employer to take out some frustrations on you. It is unfair, it’s hard to blame them for this reaction. Higher insurance rates will mean less resources to invest in company development.
Example: When your employer pays a basic rate to a worker’s compensation insurance company and then has to file a claim, those rates will be raised. Your employer will then likely have to pay this higher rate for many more months or years.
Why the Boss Doesn’t Want You to Know: Perhaps it would seem inhumane to bring this up. Perhaps he or she feels this is information you simply should not be privy to. Or, maybe it’s just that most employers are too proud to talk about it. Whatever the reason, employees like yourself generally bear the brunt of frustrations over this.
- You have to get medical treatment right away.
This could be the first on our list of considerations because, really, this is the very first thing you should do when properly filing a workers’ compensation claim. However, if you reported your work injury to a superior after it happened – as you should – and that superior then told you not to seek treatment, he or she is in the wrong. Regardless of the apparent severity of your work injury, you should seek medical attention right away. (http://injury.findlaw.com/workers-compensation/workers-comp-employers-responsibilities.html)
Example: Did you pull out your back, but your boss suggested you could just rest or “work through it”? You really should seek care.
Why the Boss Doesn’t Want You to Know: Though the alloted time to notify your employer of in PA is 21 days and 3 years from the date of the injury to file the claim. the strength of your case will largely depend upon how soon you receive medical treatment for your injury. Employers know this, and they will want your case to fall through so that they won’t have to pay higher insurance rates.
- You have to turn in your claim ASAP.
Though we’ve just established that the time allowed to report and file a WC Claim it is always best to turn it in as soon as possible. The reasoning behind this is much like the concerns regarding receipt of medical treatment: The employee who does not treat their case with a sense of urgency will be treated less seriously by the compensation claim review. (http://injury.findlaw.com/workers-compensation/workers-comp-employers-responsibilities.html)
Example: If you feel suspicious at your employer’s suggestions to “take your time at getting those forms in,” you should listen to your gut.
Why the Boss Doesn’t Want You to Know: Again, if for any reason your claim can be dismissed, or the severity of it downgraded, that is good news for your boss. If the workers’ compensation insurance company has to shell out less money for you, that means your boss will probably reap the same benefits, too.
- You can contact the workers’ compensation office if your employer is not submitting the proper workers’ compensation form.
It’s true: Once you file your claim with the workers’ compensation office, your employer has a responsibility to file a corresponding claim. However, if your employer is not complying and submitting that form, you can contact the Law Office of Thomas more Holland to contact the workers’ compensation office.We can pressure the Workers Compensation carrier to put pressure on your employer to get those forms in so that you can get your claim resolved. (http://injury.findlaw.com/workers-compensation/workers-comp-employers-responsibilities.html)
Example: It is possible that your employer will do you the courtesy of notifying you once the corresponding forms have been submitted. Your treating physician can tell whether the Workers; Compensation Carrier has started the claim. .
Why the Boss Doesn’t Want You to Know: Any chance your employer has to delay your claim may be able to help them in the long run. Though not all employers are so cruel, some will take any and all delay opportunities they can.
- You can file a Petition Claim.
To facilitate the proven filing, a Petition Claim may be the way to go. Though filing a petition often takes a long time until resolution is attained, the possibility is open to you.
Example: When a workers’ compensation claim is not properly recognized or is rejected, a Claim Petition should be filed.
Why the Boss Doesn’t Want You to Know: If the process of filing a workers’ compensation claim wasn’t difficult enough, your employer certainly will not want to go through the process again with a Petition Claim.
How TMH Law Can Help
As your Philadelphia area specialist in Pennsylvania workers’ compensation law, we can help you through all the aspects of a workers’ compensation claim. From the things your employer doesn’t want you to know, to the sometimes misunderstood details of the law, we’ve got you covered. So why wait? Post your questions and comments below, or contact TMH Law today.