You have been injured at work and the workers’ comp. insurance company for your employer has denied your claim. You hired a workers’ comp attorney to file a Claim Petition to try to get you benefits, and your case is assigned to a Workers’ Compensation Judge. You have been a loyal, hard-working employee for your company and you wonder — will your company support you in your claim or oppose your claim?
Unfortunately, don’t be surprised if your employer joins forces with the insurance company and its lawyer and fights your claim because when money is on the line, your employer may very well turn its back on you. When your case goes before the Judge, the lawyer for your employer and insurance company (the lawyer will represent both) may have people that you worked with testify against you — your supervisor, co-workers, the HR manager. Here are some of the many issues that your fellow workers may testify about concerning your workers’ comp. claim from a workers’ comp attorney:
Sometimes an employer will claim that an injured worker’s testimony that an injury occurred was false — or that the incident was so minor that it didn’t affect the person’s ability to work. Suppose you testify that you slipped on a greasy floor at the store where you work and landed on your side. It’s possible that one of your co-workers could testify that he was working with you that shift and while he saw you slip, you did not fall to the ground; you did not injure yourself. Or he was responsible for cleaning the floor, and there was no grease or other substance on the floor.
Pennsylvania workers’ compensation law provides that an injured worker must notify their employer within 120 days of the work injury. The notice must be given to a supervisor or manager. Let’s say that you get a back injury at work while lifting a box at work and mentioned it to your supervisor, who asked if you needed medical attention. You said that you did not; you think you just pulled a muscle, and you could work through it. But five months later, your back pain has increased to the point that you can no longer do your strenuous job and need to see a doctor. You go to the emergency room and are told you have a serious back injury at work that prevents you from working.
It is not beyond the realm of possibility that your supervisor could testify you did not report your work injury when it initially happened; your supervisor did not know about it until five months later when you said you needed to see a doctor. The opposing lawyer could then argue because you did not notify your employer of your work injury within 120 days, your claim should be denied.
It is somewhat common in workers’ comp. cases for a person to sustain injuries,, return to work in some capacity, and then get terminated. If this scenario happens in your case, your supervisor or the HR manager for your employer may testify that you were terminated for good cause — you engaged in some misconduct, such as you had several no call/no shows or you were insubordinate. The lawyer for your employer and its insurance company may argue that your loss of earnings after your termination is because of your misconduct, not the effects of your work injury and therefore you are not entitled to workers’ comp. benefits.
Another tack your employer and the insurance company could take is that you were offered a light-duty job by your employer within your restrictions , and you declined the position. Your employer may direct you to an occupational health facility to treat you for your work injury. The doctors at these facilities often consider your employer’s best interests, not yours. Despite the severity of your injury, after evaluating you a few times, the occupational health doctor may release you to a light-duty job with lifting up to 15 pounds. Your employer may then send you a letter offering you a position in the warehouse in which you would be required to lift boxes that weigh 15 pounds or less. If you turn it down because you don’t feel capable of doing any work, the opposing lawyer may have your supervisor or somebody from HR testify that a light-duty job was made available to you, and you did not accept the offer. The person would likely provide details concerning the light-duty job and why it falls within the parameters of the doctor’s light-duty restrictions.
Whatever issue that a witness or witnesses for your employer testify about, it will be up to the Judge to assess the credibility of you and the other witnesses. Did your injury happen or didn’t it? Did you promptly notify your employer of your injury or didn’t you? Did your employer have good cause to terminate you or didn’t it? You need a workers’ comp attorney on your side.
Workers’ comp. cases are complicated and often contentious, especially if your employer and the insurance company are fighting your case hard. You need a highly competent and experienced workers’ comp attorney to represent you. At Pearson Koutcher Law, workers’ comp. is all we do — each of our Philadelphia workers’ compensation lawyers has more than 25 years’ experience representing injured workers in their workers’ comp. cases. If you have been injured at work and are not sure where to turn, please call Pearson Koutcher for a free, comprehensive consultation.