How Should I Report My Work Injuries?

If you were injured at work, you may be wondering what you need to do next.  One of the first things you should do after a work-related injury is report the injury to your employer.  We’ve listed a few best practices to follow when reporting an injury to your employer.

Report Injuries As Soon As Possible.

Anytime you are injured at work, you should report the injury to your employer or supervisor immediately or, at the very least, the same day the injury occurred. If you are unsure if a medical issue or symptom is related to a work injury, it’s a good practice to notify your employer of this injury and its possible relation to your employment.

In Pennsylvania, if you do not notify your employer of an injury within 21 days, no compensation is due until that notice is given. Additionally, you must provide notice to your employer within 120 days.  If not, you give up your rights to receive workers’ compensation benefits for your work injuries. Therefore, injuries should be reported as soon as possible to protect your rights and avoid complications down the road.

Consult Your Employee Handbook.

Many employers have specific rules for reporting work injuries, and they should be followed.  These rules may inform you who you should notify at your company, whether a specific form should be filled out, and a time frame in which you should report any injury to your employer.  If you are unsure whether your employer has any procedures in place for reporting work injuries, consult your employee handbook or ask your employer.  While you may still be entitled to workers’ compensation benefits if you do not follow these guidelines, an employer may use it as a basis for disciplining you or even terminating your employment.  In order to avoid any risk, you should know what your employer’s policies are for reporting work injuries.

Provide As Much Detail As Possible.

When you report a work injury, you should do so with as much detail as possible. Information you should provide to your employer includes: the task you were performing at the time of injury or the injury’s relation to your employment; the injuries you sustained; the time and date you were injured; and anybody who may have witnessed the injury.  If you start experiencing new symptoms after you have reported an injury, you should report these new symptoms to your employer.  For example, if you notified your employer that you injured your shoulder and the next day your back starts hurting, you should report this to your employer as soon as possible.

Keep Record Of All Communications With Your Employer.

In a workers’ compensation proceeding, the burden is on you, the injured worker, to properly notify your employer that you sustained a work-related injury. Keeping records of these encounters creates a paper-trail of your work injury and avoids the possibility of your employer denying that they received notice of the injury. You should never assume that a voicemail or letter was received. Instead, you should follow up with your employer to confirm receipt of your notice and keep detailed records of all communications between yourself and your employer.

For example, if you reported your injury to your employer verbally, it is also a good practice to follow up with an email or written letter containing the same details that you reported verbally.  This ensures that both you and your employer have a written record of the work injury and its details.  On the other hand, if you notified your employer via email or in writing, a good practice would be to follow up in person or on the phone to confirm that the notice was received.  You should also keep notes of who you talked to and when the conversation occurred.  Again, you want to ensure that your employer has received notice of your injury and that there is a record of that notice.  Further, you should retain a copy of all written communications between yourself and your employer.

Report “Minor” Injuries.

Sometimes injuries seem minor, and so you may not feel that they need to be reported to your employer.  However, you should still report it to your employer.  By reporting “minor” injuries to your employer, you are protecting your ability to receive compensation if your injury becomes more serious down the road.  Remember, work injuries must be reported within 120 days.  Therefore, even these smaller, more minor work injuries should be reported.

Consult A Workers’ Compensation Attorney.

Reporting your work injuries is just the first step in the process after you’ve been injured at work.  After reporting your injury to your employer, the next step should be to contact an experienced workers’ compensation attorney to discuss your rights.  At Freeburn Law, you can consult with one of our experienced workers’ compensation attorneys free of charge.  Each case is different, and you owe it to yourself to consult with an attorney that will fight for you.

Avoid These Pitfalls When Filing a Workers’ Comp Claim

If you have been injured at work, the last thing you want to do is have unnecessary delays in receiving your workers’ compensation benefits. Unfortunately, workers’ compensation claims are routinely denied or delayed because of routine mistakes. Working with an attorney can help you avoid these common pitfalls and ensure you receive the benefits you deserve as quickly as possible.

If you have been injured on the job, contact Freeburn Law to speak directly with an attorney. Our legal team will help you understand your rights and work to ensure you receive the maximum workers’ compensation benefits based on the circumstances of your case. Do not settle for less. Contact our office today to schedule your free case evaluation. 

What Kinds of Injuries are Covered by Workers’ Compensation

As explained by the Department of Labor & Industry, any injury, illness, or disease that was caused by your work may be covered by workers’ compensation. Injuries that are self-inflicted or caused by violating a law, however, are not covered. Therefore, any injury that results from the illegal use of drugs or as a result of intoxication may not be covered. 

Some of the most common injuries include repetitive injuries and serious injuries such as broken bones or the loss of a limb. Any time you are hurt on the job, you need to seek medical attention immediately and consult with an attorney as soon as possible to determine your legal options. 

Common Mistakes When Filing a Workers’ Compensation Claim

In most cases, a workers’ compensation claim is the sole remedy for someone who is injured while on the job. While the claim for workers’ compensation benefits may seem straightforward, the process can be complicated and overwhelming. Common mistakes can be costly, resulting in the loss of time and money. 

Here are 10 common mistakes to avoid when filing a workers’ compensation claim:

Failure to Report the Injury Promptly

Far too often, claims for benefits are denied because they are not filed promptly. No compensation is due until notice is given unless the employer has knowledge of the injury or receives notice within 21 days. It is essential to report the injury immediately. If you do not report your injury within 120 days of the injury, compensation will not likely be given. 

Not Seeking Medical Attention

Failure to seek medical attention or continue treatment can negatively impact your right to workers’ compensation benefits. It can also affect your recovery. Even if you are unsure about the severity of your injuries, you should still seek medical attention immediately after the incident.

Not Documenting the Injury Properly

It is essential to properly document the injury. Make sure to keep a copy of the written report you file with your employer, as well as any medical records pertaining to your injuries. The more evidence you have regarding your injury, the stronger your case will be.

Not Following Doctor's Orders

You should be following all doctor’s orders to ensure you receive the maximum benefits available in your case and to keep your recovery moving forward. Any gap in treatment or failure to follow orders may also delay your physical recovery.

Not Keeping Records of Expenses

In order to receive compensation, you need to provide detailed records of your injury-related expenses. From construction workers injured on-site to office employees suffering from a repetitive strain injury, it is essential to keep a record of any out-of-pocket costs related to your injuries.

Posting on Social Media

Posting on social media can prove costly. A picture taken out of context may suggest that you are not as severely injured as you reported in your claim. Refraining from posting on social media is strongly advised after a work injury. 

Ignoring Deadlines for Filing Claims

Failure to meet legal deadlines can result in your claim being denied. You cannot ignore deadlines for filing claims without risking your right to compensation after an on-the-job injury.

Not Seeking Legal Advice

It is imperative to seek legal advice as early in the process as possible. At Freeburn Law, we have helped numerous employees get the benefits they deserve after an injury. Learn more about us and how we can help. 

Returning to Work Prematurely

While you may start to feel better, it is critical to wait to return to work until you have been released by your doctor. Returning to work prematurely could cost you your benefits and may make your injuries worse over time.

Accepting a Settlement Without Legal Review

You should never accept a settlement without first consulting with an attorney. Far too often, unrepresented injured workers end up accepting a settlement offer that is far less than their case is worth.

Contact Our Office to Learn More

Were you injured on the job in Pennsylvania? Contact our office today to schedule a free case evaluation. Our lawyers will help guide you through the process and help you receive the benefits you need to fully recover.