Workers’ Compensation
While almost any type of workplace can offer unexpected accident risks, it is the responsibility of the employer to take action to keep that risk as low as possible.
Accidents can and do happen on the job. Each year, thousands of workers are seriously hurt and killed in mishaps at mines, factories, agricultural operations, construction sites, and at various other work places.
At The Law Firm of Kenneth R. Schuster & Associates, our extensive experience in the personal injury field also enables us to effectively represent workers’ compensation claimants as well. We know which experts will help you and how to properly present your case. We can negotiate a settlement, if that is in your best interest, or take your case to trial if necessary. We can answer your questions about the workers’ compensation system so you understand what is going on with your claim at all times.
Each year more than three million occupational injuries are serious enough to require hospital treatment, according to the Centers for Disease Control and Prevention. In 2004, the agency recorded 5,703 deaths attributable to work injuries.
Among the most common causes of serious worksite injuries are accidents involving falling objects, workers falling from elevated equipment or structures, highway accidents, those involving cars, trucks, forklifts, factory machinery, and other devices.
Other causes include electrocution, carbon monoxide poisoning and trench cave-ins.
The workers’ compensation plan is designed to provide damages to workers injured during the course of their employment. From paying medical bills to covering lost wages, the system exists to ensure that every employer provides sufficient insurance to cover the injuries suffered on the job. Since many on-the-job injuries are either serious in nature or chronic and can affect your ability to continue in your chosen profession, it is vital that you receive the workers’ compensation benefits to which you are entitled.
If you or someone you know was seriously hurt on the job, you should contact a job injury lawyer for a free evaluation of your case. Please fill out the web form at the left side of this page or call our number in Media, Pennsylvania 610-892-9200 or Wilmington, Delaware 302-984-1000.
If I get injured on the job, what should I do?
- Immediately report your injury to your employer and supervisor.
Notification must be done within a set amount of time as set by state law. If an injury occurs over time (for example, a disease or illness), you must report your condition as soon as you discover you have it and it is caused by your work. You should then complete the employer’s claim form on which you must describe your injury and how, when, and where it occurred. Save copies of all correspondence with your employer, its insurance carrier and your doctor concerning your workers’ compensation claim. You may need it later. - Remember to keep an independent record of the date, time, and nature of your work injury. Make a list of witnesses as well as the person to whom the injury is reported.
- Be sure to provide a complete and accurate account of the injury you sustained and how your injury occurred, as well as your past medical history.
- If your employer fails to accept your claims within 21 days of the date you notify them, seek legal assistance so we may file a petition for compensation. (Does not apply in Delaware)
- Should your employer accept your injury, be certain that the wages upon which your compensation is based is accurate.
- If your employer or the insurance company asks you to see another physician, seek legal advice immediately. This can be your employer’s first step in their attempt to either terminate your compensation or modify your benefits.
- Should you receive a petition in the mail to terminate, suspend or modify your compensation, do not sign it and seek legal advice.
- NEVER sign a supplement or final agreement without having it reviewed by an attorney.
What are my rights as an injured worker? You may be entitled to:
- Wage benefits;
- Medical care reasonable and necessary to treat a work-related injury or illness without any specific time limit;
- Choose a doctor under certain circumstances;
- Hire an attorney to help get benefits or to help resolve disputes; and/or
- Confidentiality