What to Do if You Have Been Injured at Work
Thousands of workers are injured on the job in Pennsylvania every year. You have various rights under Pennsylania law if you are hurt at work.
If your injuries prevent you from working, you are entitled to temporary or permanent disability benefits or vocational rehabilitation benefits. If you file a claim for benefits and it is rejected, you may appeal the ruling, even to the courts.
If you are injured on the job, you should:
Notify your supervisor, the personnel department and your union steward as soon as is possible. The Pennsylvania Deaprtment of Labor and Idustry Web site notes that "prompt reporting is the key" to securing benefits. To get benefits in Pennsylvania, you must tell your employer that you were injured in the course of employment and inform your employer of the date and place of injury. Failure to notify the employer can result in the delay or denial of benefits. Once you have lost a day, shift or turn of work, your employer is required to report your injury to the Bureau of Workers’ Compensation by filing an Employer’s Report of Occupational Injury or Disease.
Get the medical treatment you need. If you are injured on the job, your employer's insurance company is obligated by law to pay for reasonable and necessary medical treatment.
In Pennsylvania, if your employer has posted a list of six or more physicians or health care providers in your workplace, then you are required to visit one of them for initial treatment. You are to continue treatment with that provider or another on the list for a period of 90 days following the first visit.
If a listed provider prescribes invasive surgery, you are entitled to a second opinion which will be paid for by your employer/insurer. Treatment recommended as a result of the second opinion must be provided by a listed provider for 90 days.
If during the 90-day period you visit a provider(s) not on the list, your employer or your employer’s insurance carrier may refuse to pay for such treatment. After the 90 days, as well as in situations where your employer has no posted list or an improper list, you may seek treatment with any physician or other health care provider you select. You must notify your employer of the doctor you have selected. During treatment, the employer or the employer’s insurance carrier is entitled to receive monthly reports from your physician or provider.
The more accurately you are able to document your injury and the circumstances under which it happened, the better off you will be if there is a dispute with your employer. Your employer must post a form LIBC-500 with information about who will handle workers' compensation claims: copy this information. Get a copy of the "Employer’s Report of Occupational Injury or Disease" as soon as possible after the accident. Your union steward and the employer should obtain the names of workers who witnessed your injury or assisted you afterward.
Because workers' comensation law and regulations are complicated, and because every case is unique, experts recommend seeking legal advice if you file a workers' compensation claim. Your union may be able to recommend a lawyer in your area.
In Pennsylvania, the state Department of Labor and Industry oversees worker's compensation claims. More information is available from the L&I Workers' Compensation FAQ page.
The L & I claim flow chart is also useful for understanding the workers' compensation claim process.
A UNION CAN HELP YOU STAND UP FOR YOUR RIGHTS
Few things in life can be as intimidating as standing up alone for your rights at work: some employers will say or do almost anything to avoid having to live up to their obligations under they law.
When you have a union at work, you don't have to stand up alone. Unions give you the power not to be intimidated when asking for what you are justly entitled to.
SHARE YOUR WORKERS' COMP STORY
Do you have a story about unsafe working conditions or about trying to get workers compensation benefits in Pennsylvania? Send it to us.
By documenting cases of employer efforts to evade workplace safety and workers comp rules we can make the General Assembly face up to the problem.