Under Pennsylvania workers’ compensation law, you may be entitled to medical, rehabilitation, and income benefits to help you return to work after a job injury. At Calhoon & Kaminsky P.C., one of the first questions our clients ask is, “How do I maximize my workers’ comp settlement?” Read the answer below or contact us today for a personalized consultation with one of our experienced workers’ compensation attorneys.
Tips to Maximize My Workers’ Comp Settlement
As seasoned workers’ compensation lawyers, we understand how important a full and fair settlement is to provide financial security while you heal. Navigating the Pennsylvania workers’ comp system requires you to meet strict deadlines while pursuing benefits. Follow these steps to protect your claim:
- Notify your employer – Report your injury as soon as possible. Under Pennsylvania law, you must provide notice of your injury within 120 days, or your claim could be barred. If the workers’ compensation provider denies your claim, you have three years to file a claim petition.
- Get medical treatment as soon as possible – Seek treatment immediately after your injury. Tell your medical provider you were injured on the job so your medical records document the condition is work-related. This information will serve as evidence to support your workers’ comp claim.
- Don’t wait to file your workers’ comp claim – Assuming you were injured while performing your job and the medical treatment you received is reasonable and necessary to treat your work injury, you can receive workers’ comp benefits without proving that your employer was at fault for your injuries. Do not inadvertently waive your right to benefits by failing to comply with deadlines.
- Tell your doctor about all your injuries – To maximize your recovery, you need treatment for all your injuries. Do not downplay your injuries and pain. Be honest when reporting your symptoms to your physician.
- Keep detailed records of your injuries and treatment – By maintaining the necessary documentation of your injuries and medical treatment, you can provide any requested records to support your claim, especially if it is denied or you disagree with the benefits provided.
- Stay off social media – Your employer or its insurance company may look for evidence that your injury is not as severe as you claim. Sometimes, that comes from investigating your social media accounts to see if you are engaging in activities you claim you cannot perform.
- Hire a workers’ compensation lawyer – A knowledgeable attorney will assist with all aspects of your workers’ comp claim, push for maximum benefits, and directly address any disputes with the insurance company.
Types of Injuries That Are Eligible for Workers’ Compensation Settlements
Three classes of injuries are typically eligible for workers’ comp benefits:
- Workplace injuries – These are bodily injuries that occurred while performing your job duties. Examples include broken bones, crush injuries, traumatic brain injuries, and other physical trauma.
- Repetitive strain injuries – Musculoskeletal and soft-tissue injuries occur from repetitive movements you perform during work, such as typing or working on an assembly line.
- Occupational diseases – Long-term exposure to toxic materials, loud noises, or other occupational hazards could result in cancer, hearing loss, and other chronic illnesses. These conditions may not manifest until long after the exposure. However, an employee can still claim worker’s compensation benefits if they prove the condition is work-related and falls within reporting time limits.
Statute of Limitations for Workers’ Comp Benefits
Pennsylvania law outlines specific deadlines to be eligible for workers’ comp benefits.
- 21 days – No compensation is due until notice of the injury is given unless the employer is aware of the injury. You must provide official notice to your employer within 21 days of the injury to initiate compensation, even if they already know an accident occurred.
- 120 days – You must provide notice of the injury to your employer no later than 120 days for the injury to be compensable.
- 3 years – If your request for workers’ comp benefits is denied by your employer or the employer’s insurance company, you must file your claim petition within three years of the date of the injury.
Failure to notify your employer of the injury or file your petition on time will affect your eligibility for benefits or forfeit them entirely. A knowledgeable workers’ compensation attorney will help you manage and comply with these deadlines so that you can focus on your recovery in the aftermath of a workplace accident.
Some Workers’ Comp Adjuster Tricks to Be Aware Of
Once you file a workers’ comp claim, your employer’s insurance company will initiate its claim process. Be aware of certain strategies the insurance company may use to pay you less than you deserve:
- Premature request for a recorded statement – The insurance company may hound you to give a recorded statement too early in the claims process. While you should cooperate in the claims process, you can request additional time to recover from your injuries and ensure you talk with an attorney before providing a statement.
- General release for medical records – Have your workers’ comp lawyer review any proposed releases for your medical records. If you have not yet retained counsel, carefully review the release and be sure only to authorize a release of documents related to your work injury. The insurance company is not entitled to a general release of all your medical records.
By understanding these and other insurance company tactics, our workers’ compensation lawyers can help you fight for a maximum settlement that accounts for all your needs.
Contact Our Experienced Harrisburg Workers’ Compensation Attorneys Today
Wondering how to get the most out of workers’ comp? Put a Pennsylvania workers’ compensation lawyer to work for you.
At Calhoon & Kaminsky P.C., we understand how being unable to work can be stressful. We also understand the importance of getting the medical and financial support you need to recover without worrying about making ends meet. Call us today for a free consultation.
This post was originally published on August 2021 and has been updated for accuracy and comprehensiveness on August 2023.
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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.
