Suffering an ankle injury at work can make your life difficult in the blink of an eye. Ankle sprains, ankle fractures, and other ankle injuries can cause debilitating pain and limit your ability to walk, stand, and perform your required work duties. Additionally, you might feel anxious about your ability to afford the treatment you need, especially if missed time at work affects your income. These concerns can quickly become overwhelming.
However, it is essential to remember that nearly all injured workers in Pennsylvania have the right to claim workers’ compensation benefits, which can help alleviate some of your concerns. Our workers’ comp lawyers can advise you about your rights and what steps to take to secure the compensation you deserve for a work-related sprained ankle.
Can I File a Claim for a Workplace Ankle Injury?
Anyone who has suffered an ankle injury can attest that the pain can be excruciating and that the disruption to your life can be far-reaching. Nevertheless, many people worry that others will not take their ankle injuries as seriously as other ailments, such as traumatic brain or spinal cord injuries. If your ankle was injured, you might wonder, “Can you get workers’ comp for an injured ankle?”
In Pennsylvania, workers’ compensation insurance covers just about any injury a worker might suffer on the job, including ankle sprains. With few exceptions, Pennsylvania requires employers with one or more employees to carry workers’ comp insurance. When you consult an experienced Pennsylvania workers’ compensation attorney, they can help you determine whether you are eligible to file a claim.
What Does Workers’ Comp Cover?
If your sprained ankle claim is approved, workers’ compensation in Pennsylvania provides several types of wage replacement and medical benefits, including:
- Payment of your medical bills related to the ankle injury, including doctor visits, physical therapy, medications, surgery, and more. This can include current and future treatment needs related to your work injury.
- Payment of a portion of your lost wages if the injury caused you to be totally disabled and unable to work. The amount paid is generally 2/3 of your average weekly wages up to a state maximum.
- Payment of a portion of your lost wages if you are on partial disability status. These benefits can last up to 500 weeks.
A knowledgeable workers’ compensation attorney can help you understand what benefits you can expect to receive in your case.
Types of Evidence to Gather for Your Work Injury Claim
To prove your ankle injury occurred at work, gather relevant evidence. This can include:
- Doctor’s notes and medical records related to your ankle injury, treatment, and physical restrictions that show your injury occurred at work. Having a doctor document that your injury occurred at work is vital. If the doctor issued work restrictions, they should be included in the medical record, too.
- Witness statements from coworkers who saw the injury can attest to how you were injured.
- Written incident reports filed with your employer when the injury occurred. Be sure to get copies.
- Documentation of missed work time due to the injury, including payroll records, time off requests, etc.
- A journal documenting your injury, symptoms, treatment, and how the injury affects your work capacity and daily activities can show that you sought continuous treatment and followed your doctor’s orders to participate in your own care.
Statute of Limitations for Ankle Injury at Work Claims
One mistake Pennsylvania employees make when seeking workers’ compensation coverage for an ankle sprain is waiting too long to file a claim. Under Pennsylvania’s worker’s compensation statute, workers must inform their employer of an injury within 120 days of its occurrence. Furthermore, if the carrier denies your claim, you have three years from the date of the injury to file your workers’ comp claim. Waiting longer than three years to file may lead to the forfeiture of your right to workers’ compensation benefits.
An experienced Pennsylvania workers’ comp attorney can advise you whether any exceptions apply to this deadline if that’s an issue in your case. They can also ensure that all claims documents are filed promptly to avoid missing out on benefits.
What If My PA Workers’ Comp Claim Is Denied?
If your workers’ compensation claim for your sprained ankle is denied, don’t panic. Many injured workers’ claims receive initial denials. This result is often just a standard procedure by the insurance company. The next step is to file a claim petition that will be heard by a workers’ compensation judge. There are several actions you and your attorney can take, including:
- Gathering additional evidence your attorney recommends to strengthen your claim
- Considering hiring an independent medical examiner to contest a denial based on a doctor’s finding of no “work injury”
- Preparing to attend hearings to testify about how the injury occurred and its effects
- Taking your claim to the Pennsylvania Workers’ Compensation Appeal Board if your claim petition is unsuccessful
With the help of an experienced work injury attorney, you can appeal a denied claim for your sprained ankle. Don’t give up.
Call Our Pennsylvania Ankle Injury Attorneys Now
Suffering an ankle spring at work can make life feel challenging enough. You should not have to face the additional stress of filing a workers’ compensation claim alone. Working with an experienced Pennsylvania workers’ comp attorney can give you the peace of mind that a dedicated professional is taking care of the complex filing process while you focus on healing.
Your choice of workers’ compensation attorney can make all the difference in the world. The skilled lawyers at Calhoon and Kaminsky P.C. offer a legal team with over 20 years of experience exclusively focusing on workers’ compensation cases, as well as several decades of combined litigation success. We are passionate about standing up for workers’ rights, and we never represent employers or insurance carriers. With us on your side, you can better navigate the path toward receiving workers’ comp for an ankle injury. Contact us today for a free consultation to learn more about how we can help you.
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For more than 20 years, our attorneys have been helping injured workers navigate the complex Pennsylvania workers’ compensation system. We empower workers with the information and the representation they need to make the best decisions for themselves and their families’ future.
