Archive for January, 2025

Suffering an injury on the job is stressful enough without your employer trying to mislead you about your rights. Unfortunately, many Pennsylvania employers try to discourage workers from filing for workers’ compensation benefits by spreading misinformation. If you’ve been hurt at work, you deserve to know the truth. Below, our Lancaster workers’ comp lawyer debunks five of the most common myths employers use to scare injured workers.

Myth #1: You Will be Fired if You File a Workers’ Comp Claim

One of the biggest fears injured workers have is losing their job if they file a workers’ compensation claim. Employers often imply—or outright say—that seeking benefits will result in termination. However, in Pennsylvania, it is illegal for an employer to fire you simply because you filed a legitimate workers’ comp claim. This would be considered retaliation, and there are legal protections in place to prevent it.

That being said, Pennsylvania is an at-will employment state, meaning employers can fire employees for almost any reason that is not illegal. While they may try to find another excuse to terminate your employment, an experienced workers’ comp attorney can help you identify and fight back against wrongful termination.

Additionally, if you experience retaliation, you may be able to file a separate legal claim against your employer. This could include compensation for lost wages, reinstatement, and other damages. Keeping detailed records of any retaliation and seeking legal counsel as soon as possible can strengthen your case.

Myth #2: Someone Else Has to Be at Fault to Get Benefits

Some employers tell workers that they can only receive workers’ compensation if their injury is someone else’s fault. This is completely false. Pennsylvania operates under a no-fault workers’ compensation system, meaning you are entitled to benefits regardless of who caused the accident—whether it was you, a co-worker, or even your employer’s negligence.

The only exceptions to this rule are if you were intoxicated, under the influence of drugs, or engaging in intentional misconduct at the time of your injury. Otherwise, your fault does not impact your right to receive medical treatment and wage-loss benefits through workers’ compensation.

It’s also important to note that even if you believe your actions contributed to your injury, you should still report the accident and file a claim. Trying to determine fault on your own could lead to unnecessary delays or loss of benefits.

Myth #3: You Must Use the Company’s Doctor for All Treatment

Employers often tell injured workers that they are required to see a company-approved doctor for all of their medical care. While it is true that, under Pennsylvania law, you may have to see an employer-designated physician for the first 90 days after your injury, you are not required to stay with that doctor beyond that period.

Even within those 90 days, you have rights. You can choose from a list of approved doctors provided by your employer, and if your employer does not provide a list, you can seek treatment from any doctor of your choice. After the 90-day period, you are free to see any doctor you prefer for continued treatment.

If you feel the company’s doctor is not providing appropriate care, you may be able to seek a second opinion or request a change in medical providers. Keeping documentation of your treatment and any concerns about the quality of care can help protect your rights.

Myth #4: If Your Claim Is Denied, There’s Nothing You Can Do

Many employers and insurance companies try to discourage workers by claiming that a denied workers’ comp claim is the end of the road. This is far from the truth. In Pennsylvania, you have the right to appeal a denial through the Workers’ Compensation Appeal Board.

The appeals process can be complex, but with the help of a knowledgeable workers’ comp attorney, you can challenge the denial, present evidence, and argue your case before a judge. Many initial denials are reversed on appeal, particularly when workers have legal representation to navigate the system and counter insurance company tactics.

Understanding the reason for the denial is crucial. Common reasons include lack of medical evidence, disputes over whether the injury is work-related, or missing paperwork. Addressing these issues and gathering the necessary documentation can significantly increase your chances of a successful appeal.

Myth #5: You’re Better Off Using Your Health Insurance Instead of Filing a Claim

Some employers try to convince injured workers that it’s easier or better to use their personal health insurance rather than filing a workers’ compensation claim. This deceptive tactic is meant to save the company money at your expense.

Workers’ compensation covers all necessary medical treatment related to your injury, with no out-of-pocket costs to you. If you use your health insurance instead, you could end up paying co-pays, deductibles, and other expenses that workers’ comp should have covered. Additionally, health insurance won’t cover lost wages due to your injury, whereas workers’ compensation provides wage-loss benefits while you’re unable to work.

Furthermore, using health insurance instead of workers’ compensation could create medical billing and reimbursement complications. If your insurance company learns that your injury was work-related, they may refuse to cover the costs, leaving you with unexpected medical bills.

Know Your Rights—Don’t Let Your Employer Scare You

Employers and their insurance companies often rely on misinformation and intimidation to keep workers from seeking the benefits they deserve. If you’re injured on the job, don’t take your employer’s word as the final authority. Instead, educate yourself about Pennsylvania workers’ compensation laws and seek legal guidance if necessary.

If you’ve been injured at work and believe your employer is misleading you about your rights, don’t hesitate to contact a workers’ compensation attorney. You deserve fair treatment, medical care, and financial support while you recover. The law is on your side—don’t let fear keep you from getting the benefits you’re entitled to. Taking the right steps from the start can make all the difference in securing the compensation you need for your recovery and financial well-being.