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Common Misconceptions of Workers Compensation

  • Dave Brown, Esquire
  • 01/10/2018

You have gotten injured on the job and seen a doctor who has given you a note taking you out of work. You provide this note to your manager. You hope your condition will improve, but it doesn’t. Despite continuing to receive medical treatment, you remain in pain over the next few weeks and cannot perform the duties of your job. You submit a workers’ compensation claim to your employer and expect that it will be approved and that you will begin to receive benefits for your lost wages. Should be a “no brainer,” right? Wrong. Unfortunately, it is a misconception that employers and their insurance companies routinely approve workers’ compensation claims. On the contrary, they go out of their way to deny claims, citing any number of reasons – your accident was unwitnessed, you have a pre-existing condition, you didn’t report the injury quickly enough, to name a few.

The reality is that when it comes to workers’ compensation claims, employers and insurance companies are not looking out for your best interests; they are looking out for their best interests. You don’t have any money coming in, and your injury prevents you from doing your job. So what, they don’t care – they’re in business to make money.

This is why you should call Pearson Koutcher Law as soon as you get hurt at work. One of our experienced, top-notch lawyers will give you advice about your situation. If your claim is denied, we will promptly file a Claim Petition on your behalf with the Bureau of Workers’ Compensation. If your claim is approved, and you start to receive workers’ compensation checks, that’s good news – but you should still have one of our lawyers work with you to monitor your case and answer questions as they arise. What if you receive a letter from your employer offering you a light-duty position? What if the insurance company schedules you for a doctor’s appointment? What if you are interested in setting your case? One of our lawyers will reduce your stress by answering all of your questions – at absolutely no charge. It is only when we help you obtain benefits, or negotiate a settlement for you, that we receive a fee, which is normally twenty percent of your benefits.

Another common misconception is that a person injured at work is entitled to money for “pain and suffering.” This is not the case. If you hurt yourself outside of work – for example, in a motor vehicle accident or slip and fall in a store – you can bring a lawsuit against the person or business which negligently caused your injuries and try to obtain money for your pain and suffering. If your work injury was caused by someone’s negligence, in addition to filing a workers’ compensation claim, you may bring a separate lawsuit and make a claim for pain and suffering.

With regard to your workers’ compensation claim, though, you are not entitled to pain suffering; the primary two benefits that you may receive is money for your lost wages and payment of your medical bills. You may also receive money if you lose the use of one of the parts of your body or your work injury causes a permanent scar to your face or neck.

So remember – call Pearson Koutcher Law if you get injured at work, and we will advise you exactly what benefits you are entitled to under workers’ compensation law.

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