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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
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