The Ten Do NOTS in a Pennsylvania Workers Comp Case
In Pennsylvania, there are certain things injured workers should not do, things that can harm or impact their workers compensation claim. Here is our top ten DO NOT list in a Pennsylvania workers compensation case.
- DO NOT allow your employer to talk you into not reporting the work injury. They do this often because they do not want claims reported or do not want to impact their ‘injury free’ streak. That is not your problem. You were hurt on the job and it was not your fault. Don’t fall for it. Workers Compensation has reporting deadlines and if you miss those deadlines, your claim could be forever barred. If this is happening to you, call Mooney Law right away at 833-MOONEYLAW.
- DO NOT assume that your employer, the insurance carrier, or your ‘nurse case manager’ are looking out for you. They aren’t. Their interests are totally opposite of yours. Your interests are to be compensated for lost wages, to improve your medical condition, and to have your medical bills paid. Their interest is limiting costs as much as possible. Those two interests conflict. Call Mooney Law right away at 833-MOONEYLAW.
- DO NOT sign medical releases or provide a recorded statement to the workers comp insurance company before talking with Mooney Law. They will try and obtain all of your personal health records which is essentially like a fishing expedition to find any prior treatment to use to deny your claim or limit benefits. In a recorded statement, they will ask questions in ways that may be confusing to you. If this is happening to you, call Mooney Law right away at 833-MOONEYLAW
- DO NOT discuss your case with others, such as co-workers. Who you think may be your friend at work may not be on the witness stand. Remember, they are still getting paid by your employer. So who do you really think they will support in a hearing? Not you. Talk to Mooney Law by calling us at 833-MOONEYLAW.
- DO NOT minimize your injuries when you seek medical treatment. Often times, injured workers are most concerned about the injury that causes the most pain at the time of the injury. That is understandable. However, the more minor injuries you sustained could become your worst injuries later. Report all injured body parts to the doctors. Your doctors are going to dictate what you say in a medical record that will be viewed by the insurance carrier and their attorney. Sometimes, the Workers Comp doctor will only treat you for the ‘accepted injury’, especially if you do not have private health insurance. Advise your family doctor of the other injuries. If this is happening to you, call Mooney Law right away at 833-MOONEYLAW.
- DO NOT miss doctor visits or physical therapy appointments. First, you are not going to recover quickly if you miss regular treatment. Missing appointments will be raised by the insurance carrier and their attorney. Missing appointments can also make a WC Judge skeptical. It will cause questions regarding the severity of your injury and whether you can or can’t return to work. Call Mooney Law right away at 833-MOONEYLAW.
- DO NOT post on Facebook or Twitter or other social media about your work injury. Your social media accounts will be monitored by the insurance carrier and surveillance investigators. Do yourself a favor and stay off social media during your workers comp claim. I can’t tell you how many social media investigation reports have come through my inbox. Have questions, call Mooney Law right away at 833-MOONEYLAW.
- DO NOT hide preexisting conditions or treatment. I can’t stress this enough. Just because you had prior symptoms or treatment DOES NOT MEAN you did not suffer a work-related injury. Read more here. You will do far more damage to your case by denying pre-existing conditions and/or treatment to your doctors, to the insurance carrier, and to the WC Judge. WC Judges are far more likely to believe you if you are open and honest. Failing to disclose you had a condition or treatment to the injured body part prior to the work injury is an absolute sure way to sink your case fast. And here is the thing, the insurance carrier and their attorney will find out. So do not hide it. If you had a pre-existing condition or treatment that you feel was aggravated by a work injury, call Mooney Law right away at 833-MOONEYLAW.
- DO NOT settle your case unless you are absolutely sure your condition is as good as it’s going to get and that you have an attorney negotiating for you. Many insurance companies want to rush you through, have you sign off on a nominal settlement, just so they can close your file. Settlement has to be in your best interest and should be maximized to compensate you fairly and reasonably. Remember, once you settle your claim, it is s closed forever. It can never be reopened. Read this article for factors to consider when determining if it is on your best interest to settle your case. Before settling your case, call Mooney Law right away at 833-MOONEYLAW.
- DO NOT wait to call Mooney Law. Some injured workers try and handle their case on their own. Then when problems arise, they seek an attorney. Insurance carriers have an attorney overlooking your file. You should to. Making missteps can have a serious negative impact on the value of your case and can jeopardize your benefits. Don’t wait until mistakes are made or until you come to the realization that you should not have trusted your employer or insurance carrier. By then, it may be too late. Sometimes, I simply can’t help an injured worker that comes to me late in their case because of the damage done to the case. Your rights and benefits in workers compensation are too valuable to risk. If you have been hurt on the job, call Mooney Law right away at 7833-MOONEYLAW.
Finally, remember that a consultation with Mooney Law for workers compensation is absolutely FREE. We have obtained tens of millions of dollars on behalf of injured workers across Pennsylvania. Additionally, unless we recover for YOU, we do not get paid. With fourteen offices scattered throughout central PA and Northern MD, we can meet with you at a location most convenient for you. Call today to schedule a free consultation at 833-MOONEYLAW.