Employer and Employee Responsibilities During a Workers Compensation Claim

A workers compensation lawyer Philadelphia PA trusts to litigate high value claims is frequently asked about rights and responsibilities during a workers compensation claim in Pennsylvania. It’s important that injured workers understand what the breakdown of responsibilities during a workers compensation claim to navigate the process. It’s highly recommended to seek the advice of a workers compensation lawyer Philadelphia PA relies on to ensure that all of your rights are upheld during the claim and that you receive the best possible compensation for your injury.

What are the Employee’s Responsibilities During the Claims Process?

An employee who is injured at work is responsible to report the injury as soon as possible to the employer. Prompt reporting of your injury is important and waiting too long to report the injury may make you ineligible for benefits. In Pennsylvania, you must give notice to your supervisor within 21 days of the incident. Waiting an extended period of time – over 120 days – may result in losing your right to workers compensation benefits. It’s highly recommended that you make the report to your employer in writing and keep a copy for your records.

There are other timelines may also apply; for example, the timeframe for reporting an occupational disease is different than the timeframe for reporting a workplace injury. Contact a workers compensation lawyer Philadelphia PA turns to for workplace injury claims to help you understand the timeframes that may impact your claim.

An employee is also responsible to cooperate with the workers compensation insurance carrier. The insurance carrier may make specific requests of the employee during the claims process. For example, the insurance carrier may request an independent medical examination (IME). It’s important that the employee fully cooperate with these requests. Refusing to keep appointments and giving the insurance carrier the run around can negatively impact your claim.

After a workplace injury, it’s important for the employee to act ethically and responsibly. It’s important to recognize that many insurance carriers will hire private investigators to monitor employees who have sustained workplace injuries to determine if they could be lying about their injuries. Never falsify an injury or exaggerate the extent of your injuries. Employees who act fraudulently can face serious consequences.

Finally, it’s up to the employee to reach out to a workers compensation lawyer Philadelphia PA counts on for high value claims. The insurance carriers have attorneys working to minimize their payouts, and you may be at a distinct disadvantage without an attorney to represent your interests.

What are the Employer’s Responsibilities during the Claims Process?

Pennsylvania law requires that the employer take on certain responsibilities during the claims process. Employers are responsible to ensure that they follow all applicable laws and do not violate the rights of the injured employee. However, some employers try to skirt these responsibilities. A workers compensation lawyer Philadelphia PA relies on can represent your claim to assure that your employee rights are upheld and that you receive the best possible compensation for your injuries.

The first responsibility of the employer to file a First Report of Injury (FROI) form to the Bureau of Workers Compensation.  The submission of this form is a notification of the date you were injured or diagnosed with an illness. It provides the Bureau of Workers’ Compensation with a start date if a claim is filed against the employer for workers compensation benefits. The employer must also report the injury to its workers compensation insurance carrier. The insurance carrier must determine within 21 days from the date of notification to deny or accept your request for benefits.

The employer is responsible for providing the employee with written notification of the employee’s rights and duties regarding medical treatment. This notification is required under PA Workers Compensation Act Section 306 (f.1)(1)(i). This required form provides information to the employee regarding their right to seek emergency treatment, right to use non-designated providers, and the duty to notify the employers of certain actions. If you have questions about these rights and responsibilities, contact a workers compensation lawyer Philadelphia PA turns to for advice and consultation.

Additionally, the employer is responsible to accept an employee’s return to work when they are physically ready. This includes a trial return-to-work period that is provided under the Pennsylvania Workers Compensation Act. You may still be entitled to partial disability benefits after returning to work following a workplace injury, so the Wieand Law Firm recommends seeking assistance from a workers compensation lawyer to make sure that you understand your rights.

Contact the Wieand Law Firm, LLC Today!

The Philadelphia workers compensation lawyers at the Wieand Law Firm represent clients who have suffered a workplace injury. We offer a free consultation to understand your incident or illness and to help explain your legal rights and options. Call 215-666-7777 today or send us a message via the online form in order to speak directly with an attorney.


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