A workplace injury doesn’t come with instructions. After the accident, most people are trying to deal with the injury itself while also figuring out what their employer expects, where to get medical care, and whether they will get paid if they can’t work. These answers aren’t always obvious, especially if it’s your first workers’ compensation claim.
This article outlines the steps injured workers in Wilkes-Barre should take after a work injury, along with common mistakes that can make the process more difficult than necessary.
Reviewed by: Timothy P. Belt, Certified Specialist in Pennsylvania Workers’ Compensation Law.
Attorney Belt is certified as a specialist in Pennsylvania Workers’ Compensation Law by the Pennsylvania Bar Association’s Section on Workers’ Compensation Law as authorized by the Pennsylvania Supreme Court.
First Steps After a Work Injury
Waiting a day or two can seem like no big deal. After all, you may think you’ll be back to normal by the next shift.
We often speak with injured workers who expected the pain to improve after a weekend or a few days off. By the time they realize the injury is more serious, reporting what happened becomes more complicated than it needed to be.
Not everyone reports an injury the same way. Some people tell a supervisor in person. Others make a phone call or send an email after they leave work.
However you report it, make sure your employer knows an injury occurred. A clear report gives everyone the same understanding of what happened and when it was reported.
Details have a way of fading once a few days go by. Something that seemed easy to remember right after the accident can be harder to explain later.
Describe what happened as clearly as you can. Explain what you were doing, where the accident occurred, and how you were injured. A consistent explanation helps avoid confusion as the claim moves forward.
Recovering from an injury is only part of the process. There are also forms to complete, appointments to keep, and questions to answer along the way. As your employer and its insurance carrier begin the Pennsylvania workers’ compensation claims process, keeping good records and following your doctor’s recommendations can help avoid unnecessary issues.
The way those things are handled can affect how smoothly a workers’ compensation claim moves forward.
People sometimes wait a few days before seeing a doctor because they think the pain will wear off. Sometimes it does. Sometimes it doesn’t. The problem is that you don’t know which one you’re dealing with until you’ve been examined.
A medical visit also creates a record of the injury. If your condition changes or your workers’ compensation claim is questioned later, those records help show when you sought treatment and what your doctor found at the time.
Plenty of people leave work thinking the injury isn’t serious enough to see a doctor. Hours later, or even the next morning, they realize the pain is getting worse instead of better.
Waiting doesn’t tell you whether the injury is minor. A medical exam does. Seeing a doctor gives you answers about the injury and creates a record of your condition while it’s still recent.
A doctor can’t include information that was never discussed during the appointment. If the injury happened at work, that should be part of the conversation from the start.
Medical records are created one visit at a time. We’ve seen workers’ compensation claims become more complicated simply because the first medical record didn’t mention that the injury happened at work. That first visit often becomes an important part of the claim record.
Getting medical treatment is one step. Continuing with that treatment is another. Follow-up appointments, physical therapy, and other recommendations are often part of the recovery process.
Missing appointments or stopping treatment without talking to your doctor can raise questions later. Following your treatment plan helps maintain a consistent medical record as your injury heals.
A few papers may not seem worth saving at the time. Then another appointment comes up, another form is handed to you, and another letter shows up in the mail.
Keeping those documents together makes them easier to find when you need them. That includes medical records, work restrictions, and letters related to your workers’ compensation claim.
Most conversations seem routine at the time. A few questions get asked, you give your answers, and the call ends.
Take your time when answering questions from the insurance company about the accident or your injury. If you don’t know an answer or can’t remember a detail, it’s better to say so than to guess.
The first week after an injury moves quickly. One appointment turns into another, paperwork starts arriving, and there’s usually more to think about than expected.
That’s when small mistakes are most likely to happen.
Waiting a day can turn into waiting several more. Before long, it’s harder to remember exactly when the injury happened or who first knew about it.
Reporting the injury as soon as possible creates a clearer timeline. It also gives your employer the opportunity to begin the workers’ compensation process without unnecessary delays.
Missing work is hard. Most people want to get back as soon as they can.
Returning before your doctor says you’re ready can make recovery more difficult. If you’re released with restrictions, follow them until your doctor says they’re no longer needed.
One appointment rarely ends the process. Before long, another visit is scheduled, another form is handed to you, and another date goes on the calendar.
Keep those follow-up appointments whenever you can. They give your doctor the opportunity to monitor your recovery and update your medical records as your injury heals.
Workers’ compensation claims follow a predictable path. Medical treatment begins, paperwork gets processed, and benefits are paid if the claim is approved.
Every claim is different, though. When something doesn’t go as expected, it may be a sign that the claim needs closer attention.
Waiting is frustrating, especially when you’re depending on workers’ compensation benefits to help cover lost wages or medical expenses.
Delays can happen for different reasons, including missing information or questions about the claim. If your benefits have been delayed or your claim has been denied, learn more about what to do if your workers’ compensation claim is denied.
One letter can change the direction of a claim. What looked straightforward a week ago may suddenly come with new questions about your medical care.
If your treatment is being questioned or additional care isn’t approved, read every notice you receive carefully and continue following your doctor’s recommendations while the issue is being addressed.
Recovering from an injury and planning a return to work don’t always happen on the same schedule. One may move faster than the other.
If you’re being asked to go back before your doctor believes you’re ready, learn more about returning to work after a workplace injury.
After a work injury, it’s normal to have questions about reporting the accident, medical treatment, and workers’ compensation benefits. Here are answers to some of the questions we hear most often.
Most people don’t have a plan for what to do after getting hurt at work. The first few hours are usually spent getting medical care, answering questions, and figuring out what comes next.
Unless you require immediate emergency care, you should notify your employer of the injury before you do anything else. Once you’ve notified your employer, obtain treatment as soon as possible. Keep any paperwork you receive. If something about the claim doesn’t seem right or you’re unsure what to do next, it’s okay to speak with a workers’ compensation lawyer about your options.
Pennsylvania law generally requires injured workers to notify their employer within 120 days of a work-related injury. However, reporting the injury as soon as possible is always the better approach. Waiting can create unnecessary questions about when the injury happened and may complicate the workers’ compensation process.
Even if you’re unsure how serious the injury is, it’s usually best to notify your employer right away rather than waiting to see if the pain improves.
Seeing a doctor as soon as possible helps you understand the extent of your injury and creates a medical record of what happened. If the injury occurred at work, make sure you tell the doctor so that information is included in your medical records.
In Pennsylvania, your employer may require you to see a designated health care provider for the first 90 days after your work injury if they have properly posted a list of approved providers and met the state’s notice requirements. After the 90-day period, you are able to treat with the doctor of your choice.
You should follow your doctor’s work restrictions and discuss any concerns with your employer. Returning to work before you’re medically ready could affect both your recovery and your workers’ compensation claim.
Yes. Workers’ compensation claims can be denied for a variety of reasons, including disputes about how the injury happened, whether it was work-related, or whether the required reporting and medical documentation support the claim. If your claim has been denied, learn more about what to do if your workers’ compensation claim is denied.
You don’t have to wait until your claim is denied before talking to a lawyer. Many injured workers have questions early in the process about reporting the injury, medical treatment, benefit delays, or returning to work.
Learn more about how a Wilkes-Barre workers’ compensation lawyer can help with questions about your claim, medical treatment, benefits, or returning to work.
A work injury can leave you with a lot of questions—but you don’t have to figure it out alone. If you’ve been hurt on the job, call The Belt Law Firm, P.C. at (570) 714-3343. We’ll help you understand your rights, protect your benefits, and take the right steps from day one. Se habla español.
Report the injury to your employer as soon as possible and obtain any necessary medical treatment.
If the injury is not reported within 120 days, you will lose the right to file for compensation. You cannot legally be fired for reporting a work injury.
The employer reports your injury to their workers’ compensation insurer. If the insurance carrier accepts your claim, they will calculate any compensation owed and make payment. If your claim has not been accepted within 21 days of providing notice of the injury to your employer, your claim is likely denied.
If you receive a notice of denial, you can file a Claim Petition with the Pennsylvania Workers’ Compensation Bureau. Your Petition will be assigned to a Workers’ Compensation Judge. The Judge will schedule hearings, and both sides will be provided the opportunity to present evidence. If the claim is not voluntarily resolved, the judge will issue a Decision.
In most cases you have up to three years from the date of injury to file a Claim Petition.
Workers’ compensation insurance covers all medical expenses stemming from your work injury. Workers’ comp pays wage loss benefits until you are able to go back to work. If you suffer an amputation or disfigurement to your face or neck, you may be entitled to additional disability benefits (even if you are still able to work).
Taking a lump-sum settlement may or may not make sense for your situation. You should get legal counsel before agreeing to a settlement.
There is no upfront or out-of-pocket cost to you. We provide a free initial consultation. You do not pay any legal fees unless and until we recover benefits for you.
Do you have a work-related injury? Please give us a call in Kingston at 570-714-3343, in Hazleton at 570-535-3343 or contact us online. Belt Law Firm, P.C., serves injured workers in Luzerne County and the surrounding communities of northeast Pennsylvania.
Many aspects of a successful workers’ compensation claim or unemployment compensation benefits case are complex.
At Belt Law Firm, P.C., we are here to help you and answer your questions. We provide legal advocacy in English and Spanish.
Call us today to schedule your free case evaluation in Hazleton at 570-535-3343 or Pittston at 570-714-3343.
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