Common Workers’ Compensation Pitfalls and How to Get Out of Them

In 2020, there were more than 2.6 million workplace injuries, causing financial ruin for many workers. But it didn’t have to be like that; many of those blue-collar workers could’ve gotten their lost wages through workers’ compensation. However, having little knowledge about the program, they couldn’t avoid falling into its bureaucratic pitfalls.

So if you’re among the Injured workers Montgomery County, Philadelphia, New York, or any city within any state, and you’re worried about getting your dues? Then, keep on reading to learn everything you need to know about workers’ compensation, its pitfalls, and how to avoid them.

Workers’ Compensation

Workers’ compensation is a federally mandated program designed to protect injured workers from financial ruin by getting them proper treatment and lost wages. Procedure

  • Inform your employer of the injury within the state’s specific time limit.
  • Get a medical report that confirms your injury is work-related and offers a formal treatment plan.
  • File your claim with the state’s Workers’ Compensation Board before the deadline.

Working Without an Employment Agreement

Workers’ compensation is only meant for employees; this means that private contractors, whether they're working part-time or full, are excluded from its benefits. Now many blue-collar workers’ are employed without any formal contract. Normally this isn’t a problem – you get paid for your work regardless of the situation. But legally binding, workers’ compensation requires you to prove your employment.

Solution

Although quite complicated, there are ways to authenticate your employment without a formal agreement. For example, many states allow you to prove your employment through testimonies from fellow workers. While this may sound easy, it will be almost impossible to convince someone to testify against their company. My recommendation is that you take your case to the work comp lawyers in Montgomery County and let them gather all of the evidence.

Forgetting To Report Your Injuries

Reporting your injuries to the employer is the first step of filing for workers’ compensation but depending upon the severity of your situation, that might not be possible. Luckily, many states like Pennsylvania give a lot of levies in this regard – for example, injured workers in Montgomery County have 21 days to inform their employer about the incident.

Solution

Given the time limit, you can file the report yourself, but make sure you do so on the record. Either report the injury in front of trustworthy people who’ll testify on your behalf or send a detailed email of the incident.

Not Getting a Second Opinion

One of the key factors determining your eligibility for workers' compensation is the physician-authored report. But many states, like Pennsylvania, allow employers to choose which doctors you’re allowed to get your treatment from. Looking to weasel their way out of paying for you your dues, employers will often persuade doctors to falsify their reports.

Solution

There’s only one solution to this problem; get a second opinion from a reliable physician. But wait, it’s not that simple; one misstep and you can lose your compensation regardless of the outcome of the medical report. Instead, call the work comp lawyers of Montgomery County to build up a case for getting a second opinion. Taking Action without Consultation

Lastly, remember that as an injured worker in Montgomery County, you can file for either negligence or workers’ compensation. Negligence, along with treatment and lost wages, also awards you punitive damages that can be in the millions. Now choosing one makes you ineligible for the other so make sure to talk to a work comp lawyer in Montgomery County before your file your claim.

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