The Blog

Worker’s Compensation: Fact vs. Fiction

1) I tell you negative things about your case because it is important. TRUE.   At some point in time after your workers’ compensation case has gone to court, you are going to be given the opportunity to settle your case. Part of settling your case is evaluating all the pros and cons to our arguments. We determine the value of your case (for settlement purposes) based on many things, but in part how strong we believe our arguments are. Because litigation is uncertain, it is important to know your chances of having a Judge decide your case in your favor versus the certainty of settlement.

2) I can help you with more than just your case. TRUE!

I am a counselor at law so I can give you advice on where you should go for medical treatment, whether you have the right to sue anyone else other than your employer, and whether you can protect your job while you are out of work.

3) I hate it when you call. FALSE, FALSE, FALSE!

I love to talk about your case with you. I really do. Your case is why I have a job. I put time, energy and brain power into your case. If you have questions, I want to answer them. My goal is that you are comfortable and informed of the process every step of the way in your workers’ compensation case.

4) Your past is important. TRUE

I ask about past injuries because I need to know if your injury is an aggravation of a condition you had before your work related injury, or if you were completely asymptomatic before you were hurt making your injury acute/new or, traumatic. By the way, both types of injuries, aggravations and new/acute injuries, are compensable under the PA Workers’ Compensation Act though how the claim is litigated depends on the type of injury involved.

5) I filed for Workers’ Compensation benefits and have a hearing scheduled. I’ll get my benefits awarded at that first hearing. FALSE.

Unfortunately this is false. If your Employer denies your workers’ compensation claim, you will have to file a Claim Petition and go to court to obtain wage loss and medical benefits. Your petition will be heard by a Judge who will ultimately decide whether he/she believes you were injured and, whether the injury disabled you from work. Both the injured worker and the employer have the opportunity to present evidence to the Judge. Litigation takes time. It can take a year or more before the Judge issues a decision. This is one of the many reasons it is so important to have an experienced workers’ compensation attorney represent you. Your attorney can make sure this process goes as quickly as possible and, that the best case is presented to get you the workers’ compensation benefits.