The timing of hiring a workers’ compensation lawyer can happen at any time….in most cases sooner is better.  After your work injury has occurred and you give timely “Notice” to your employer of the same, many different scenarios can take place.  Your work injury could be accepted, denied, or accepted temporarily and/or for medical only.

When Do I hire a Workers’ Compensation Attorney?

If your work injury is denied, a Claim Petition must be filed in order for you to attempt to obtain workers’ compensation benefits, both wage loss and medical.  In order to proceed and having the best chance of succeeding with the Claim Petition, a seasoned workers’ compensation lawyer should be retained. In the process of litigation on a Claim Petition, the same will be assigned to a workers’ compensation judge, who will hear evidence including your live testimony in court.  Also, in most cases, medical testimony from your doctor and the doctor hired on behalf of the workers’ compensation carrier/your employer must be taken via a deposition, for which the doctors charge money, with their fee being thousands of dollars. There are time deadlines and rules of engagement that must be followed, which a seasoned PA Workers’ Compensation Attorney knows.  Also, in the process, the parties will be given an opportunity to participate in a “Mandatory Mediation” which is a way to potentially settle your case.  It is critical to know how to create a demand that will be taken seriously and result in a settlement with the largest amount of money. Here again is where hiring an experienced PA Workers’ Compensation Lawyer is to your advantage.

Post-traumatic stress disorder or PTSD is a mental health condition that may occur at any point of time after you have witnessed or experienced a significantly traumatic event. PTSD in the workplace is more common than one might think, especially if a work injury has occurred.

When such an event occurs at the workplace in Pennsylvania, you may be eligible for workers’ compensation for your PTSD condition.

If you believe you are suffering from PTSD, you should promptly seek medical advice. Any delay in treatment could worsen your condition and put your workers’ comp claim in PA at risk.

Once you begin receiving your workers’ compensation wage loss and medical benefits, it will only be a matter of time until your employer and their workers’ compensation carrier will take steps to try and stop your compensation benefits or try to settle your claim for a lump sum amount of money. You will likely need to negotiate a PA Workers’ Compensation. settlement.  It is not a matter of if, it is a matter of when.

As time goes by, your employer and their workers’ compensation carrier will send you to undergo independent medical examinations and based on the reports from those examinations will attempt to modify, suspend, or terminate your wage loss and medical benefits.  It is important to understand that if they are not successful the first time around with the litigation before a workers’ compensation judge, they will keep trying until they are successful or want you to settle your case altogether.  Rather than risk losing benefits, many PA injured workers opt to settle their case.

Pennsylvania legalized the use of marijuana for medical reasons in 2016. However, the rules related to legal marijuana and workers’ comp benefits are still not very clear.

Treatment Categories are Open to Interpretation

PA’s Medical Marijuana Act specifies the medical conditions for which marijuana can be used as a treatment. These include some types of spinal cord injuries, neuropathies, PTSD, and chronic pain conditions where traditional therapy does not work.

Where things get complicated is that several of these diagnosis categories are subject to interpretation. Without professional medical knowledge or skilled legal representation, injured workers in PA could be denied their rightful medical treatment.

Many workers in Pennsylvania are facing this situation where they require medical marijuana treatment for their workplace injury, but they do not have any legal advice about their rights and which treatments could be covered under workers’ compensation.

Injured workers in PA should be able to make informed choices about legally obtaining medical cannabis and receive their rightful workers’ comp claim.

When is a Forced Resignation Ok in PA?

It is against the law for employers to force injured workers out of their jobs because they suffered a work injury and are pursuing workers’ compensation benefits.  In Pennsylvania, workers’ compensation provides both wage loss benefits and medical expenses to injured workers.  There is no fault with workers’ compensation benefits, and the benefits are provided to help injured workers who need to be out of work to recuperate, if possible.

Some employers may try to force out or terminate an injured worker all for what amounts to “monetary” reasons.  These could include replacing the worker and not waiting for them to recover, avoid paying workers’ compensation benefits, not accommodating medical based restrictions, and also avoid paying unemployment benefits.  See, if an employee voluntarily resigns, they are not eligible for unemployment benefits and furthermore, cannot pursue any wrongful termination lawsuit against their former employer.

GIVING YOUR EMPLOYER NOTICE OF YOUR WORK INJURY

All types of work can involve potential work injuries, even desk work.  It can be a small injury or a life-altering event.  If you or someone you know has suffered a work-related injury or occupational illness, it has to be reported to the employer.  This means that the work injury has to be reported to a boss, foreman, supervisor, owner of the company, i.e., someone who is in charge and not simply a co-worker.  To help yourself get the financial and medical benefits necessary for your work injury, do not doubt yourself – report your injury.  If you fail to report your work injury, this can and will be used against you.

How and When to Give to your Employer Notice

When you are injured at work in Pennsylvania, give notice to your employer quickly, no matter how small you think your injury is.  It is always good to document the incident, and even take photos of the work place injury scene, so that the facts can be easily recalled at a later date.  You can give notice by oral, text, or written form.

The Pennsylvania Workers’ Compensation Act provides that you must give notice to your employer within 21 days from the work injury date.  If no notice is given within 120 days from the date of the injury, then all rights to benefits can be lost.  Help yourself by giving notice as soon as you can.