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