A successful Workers’ Compensation claim can result in the collection of payments for vital medical treatment. In addition, a completed claim will allow a worker to collect compensation for any missed workdays due to recovery. However, it is important to remember that the insurance companies that administer these policies have their best interests in mind; as a result, they will find any excuse they can to deny a claim, even if it appears to be valid.
Potential claimants in Bustleton and South Philly need to give themselves the highest possible chances of success. Understanding the common mistakes to avoid when making a Philadelphia Workers’ Compensation claim can boost your odds of collecting the compensation you deserve for your suffering. Contact the Workers’ Compensation attorneys of Gross & Kenny, LLP, today to learn more.
Employers and insurance companies carry much of the legal burden following a workplace accident. As soon as an employer learns of the accident, they must submit a notice to their insurance company. In Philadelphia and the surrounding areas of Bustleton and South Philly, this notice begins the Workers’ Compensation claims process.
One of the biggest mistakes to avoid when making a Workers’ Compensation claim is to keep your injuries to yourself. Employers and insurance companies are not clairvoyant, and workers have a duty to inform their supervisors of the injury as soon as possible. This notice should be in writing so that there can be no doubt that you provided it. Even if you need to rush to the hospital, arrange for family members or an attorney to deliver the message to your workplace.
One common tactic that Bustleton and South Philly insurance companies use to avoid paying claims is to tell you to return to work. This is another mistake to avoid when making a Philadelphia Workers’ Compensation claim, as Commonwealth law says that the payment of benefits only happens when an employee misses more than 14 days at work. While these days do not need to be consecutive, they do all need to be caused by the injury.
If you return to work, even at a limited capacity, the insurance company can argue that the injury was not severe enough to hinder your ability to work. In addition, this return to work may jeopardize your legal standing to file an appeal after a denial.
The doctor who treats the injury or illness plays two roles. Their first job is to bring you to a maximum level of medical improvement. Their second task is to evaluate the permanent effect of the injury on your ability to return to your job.
In cases where an employee suffers a permanent loss of working ability, that doctor’s opinion as to their residual work ability will play a key role in the insurance company’s decision. Any lump sum settlement that the insurance company offers will be based on this report.
When making a Philadelphia Workers’ Compensation claim, it is vital to avoid the mistake of missing your outstanding appointments. If you skip an appointment or stop going altogether, the doctor may assume that their services are not needed and that you are fully healed. This may result in a statement by the doctor that does not accurately reflect the impact of the injury on your health. Considering that the insurance company will pay for all needed medical appointments, there is no reason not to attend.
Workers’ Compensation claims can be more complex than they first appear. While a worker should only report the injury to their supervisor to begin the process, following up with doctors and taking all the time you need off from work to recover is essential to the claim’s success.
An attorney from Gross & Kenny, LLP who works with Workers’ Compensation cases is here to help. Our skilled lawyers want to help injured workers understand their rights under Commonwealth laws, file appeals when appropriate, and the mistakes to avoid when making a Philadelphia Workers’ Compensation claim. Contact our firm today to learn more.
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