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HOW DO I KNOW IF MY EMPLOYER AND ITS INSURANCE CARRIER ARE NOT COMPLYING WITH THE WORKERS' COMPENSATION LAW?

Is your employer or its workers compensation insurance carrier unfairly fighting your workers compensation claim, delaying your checks improperly, underpaying your benefits?

Stated simply, you almost certainly will NOT know whether your employer or its workers' compensation insurance carrier are fully complying with the Pennsylvania Workers' Compensation Act and related regulations unless you speak with a competent workers' compensation attorney. It is, unfortunately, very common for both employers and insurers to play fast and loose with the law and to cut every corner they can with regard to honoring the legal rights of employees claiming work injuries.

INSURANCE COMPANY ABUSES

Typical abuses by insurance companies in workers’ compensation cases include failing to timely issue a formal acceptance or denial of your claim, understating your wages and compensation rate, using an artificially limited description of your injury, failing to comply with time deadlines for paying compensation benefits, sending late workers comp checks when you are on benefits, and using inappropriate bureau forms to acknowledge or document your injury such that your important rights regarding the injury may be prejudiced immediately or in the future.

EMPLOYER ABUSES

Typical abuses by employers in the handling of work injury claims include failing to report your claim to insurance carriers, understating your wages, improperly steering injured workers to a specific company doctor over whom they have influence or control, forcing or pressuring injured workers back to work before they are ready and failing to fully honor light duty restrictions set by a doctor. Some employers will even pressure employees to accept lay-offs with unemployment benefits or other disability payments instead of workers' compensation benefits for a work-related injury. This will profoundly compromise the injured workers' rights.

Of course, abuses such as these are just the tip of the iceberg. Many previously very highly valued employees suddenly find themselves treated with contempt by their employer simply because they have the misfortune to suffer a work injury.

Make no mistake, even in the exceptional cases where an employer shows true compassion for the injured worker and a desire to respect his rights, the Pennsylvania Workers' Compensation system is adversarial by design. Even employers who want to do the right thing are often forced to march to the drums of insurance carriers trying to minimize the costs of every claim. This may include attempts to downplay the seriousness of the injury, pressuring doctors for early releases or even claiming "full recovery" without regard to the your continuing symptoms and limitations.  Were I to list typical abuses of workers’ compensation doctors working with insurance carriers, I would run out of internet.  There are some biggies, and if you’ve been through it, you know just what I am talking about.  But please know: you are not alone.  I can help you.

These abuses can be overcome, and even turned to your advantage, when you make me your lawyer.  Call me now: 610 924 5667 or 215 559 5003.

(c) 2013 Tim Kennedy