Even the simplest mistakes could put your workers’ compensation benefits in jeopardy. At Kaufman Workers’ Compensation Law, we’ve witnessed how minor errors can cause disruptions to workers’ compensation claims.
Missteps happen. You won’t be the first and you won’t be the last to make an error. Jenifer Kaufman has spent decades helping injured workers like you manage the process and is not afraid to address these challenges.
Call now to schedule a free consultation with one of Pennsylvania’s few certified workers’ compensation specialists.
Key Takeaways: PA Work Injury Mistake
- Failing to report injuries immediately or in writing may result in claim denial under Pennsylvania's 120-day notice requirement
- Accepting early settlement offers without legal review often leaves workers with inadequate compensation for ongoing medical needs
- Missing medical appointments or failing to follow treatment plans gives insurers grounds to reduce or terminate benefits
Failing to Report Your Injury Promptly
Prompt reporting is crucial to securing benefits. Failing to meet Pennsylvania’s 21-day and 120-day notice requirements could seriously hurt your claim.
The sooner you report, the stronger your case will be. Immediate reporting makes it easier to show the link between your injuries and the workplace accident.
To report, you should:
- Notify supervisor or HR immediately after injury occurs
- Submit written notice even for seemingly minor injuries
- Keep copies of all injury reports and correspondence
- Document witness names and accident details
While Pennsylvania law does not require written notice, putting it in writing documents that you made a timely claim and the information you provided to your employer.
Skipping Medical Treatment or Appointments
You need to seek and follow through on medical treatment. Workers’ comp insurers monitor compliance with medical care closely, and failing to keep appointments may indicate your injury is not serious.
These gaps can be used as ammunition to reduce benefits or make you return to work before you are able.
You should follow all of your doctor’s order and communicate honestly about any pain or limitations you are experiencing.
Giving Recorded Statements Without Legal Counsel
After your employer has filed your claim with their workers’ compensation insurance carrier, you will likely receive a phone call. What might seem like standard questions at first may actually be intended to minimize your claim, like downplaying your pain or attributing your injury to a pre-existing condition.
Before providing a recorded statement, you have the right to consult with an attorney. Your lawyer can act as the sole point of contact for the insurance company.
If you have already given a statement, let your Abington, Pennsylvania workers’ comp lawyer know right away.
Accepting Quick Settlement Offers
Sometimes, insurance companies present early settlement offers. This can be appealing when you’re in a tough financial situation, but these initial offers rarely reflect your claim's true value.
Before accepting a workers’ comp settlement, consider these factors:
- Settlements are final: Once you accept, you typically cannot reopen your claim for additional compensation
- Future medical costs: Early offers don't account for ongoing treatment, surgery, or long-term care needs
- Permanent disabilities: You may not know the full extent of your injuries for months
- Lost earning capacity: Settlements should consider reduced future earnings, not just current wage loss
- No negotiation leverage: Without legal representation or understanding what benefits you’re owed, you may lack bargaining power
Have a knowledgeable workers’ compensation attorney review any settlement offers before signing. They understand Pennsylvania’s workers' compensation system, the benefits available to you, and how to calculate your losses.
Returning to Work Too Soon
Sometimes there is pressure from employers to return to work, and sometimes the lack of a paycheck can make it feel like there is no other option. However, returning to job duties too early can worsen injuries and complicate your workers’ comp claim.
It is important to follow your doctor’s work restrictions. If you have been cleared for modified duty, you are required to return to work, but don’t let your employer pressure you to return to full duty.
Posting on Social Media
Social media has become part of daily life for many. Unfortunately, even innocent posts of a dinner with family or a simple activity can be misinterpreted. Photos and status updates can be used as evidence to minimize or deny workers' comp claims. Insurers might argue that you are not hurt or that you are exaggerating your injury.
Privacy settings alone are not enough. It is best practice to avoid posting on social media while an active claim is pending.
FAQ About Mistakes After a Pennsylvania Work Injury
What if I Didn’t Report My Injury within 21 Days?
If you fail to give notice of your injury within 21 days, you may still receive benefits, but only from the date you reported. However, if you wait more than 120 days, your claim may be barred. No matter how much time has passed, speaking to a workers’ comp lawyer can give you insight into your specific situation and options.
Can I See My Own Doctor for a Work Injury?
Pennsylvania requires treatment with employer-designated providers for the first 90 days if the employer complies with posting requirements. Unauthorized medical treatment may not be covered under workers' compensation.
What Happens if I Refuse a Settlement Offer?
You have no obligation to accept any settlement. Your claim continues, and you may pursue benefits through the workers' comp system with legal representation to negotiate better terms.
Let Kaufman Workers’ Compensation Law Protect Your Rights
At Kaufman Workers' Compensation Law, we help injured workers avoid these common errors. We take care of your claim so that you can focus on healing without the added stress of complicated rules and insurer pressures.
Since 2013, Attorney Jenifer Kaufman has been certified as a specialist in workers' compensation law by the Pennsylvania Bar Association Workers' Compensation Law Section, a specialty organization accredited by the Supreme Court of Pennsylvania.
Call us today at (267) 626-2973 or contact us through our online form to schedule a free, no-obligation consultation to discuss your case.