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When you get hurt on the job, the decisions you make in the first few days and weeks can determine whether you receive the workers’ compensation benefits you deserve or end up struggling financially, mentally, and medically. Unfortunately, many injured workers unknowingly make mistakes that cost them their claims. To illustrate this point, our Lancaster workers’ compensation attorney explores a few workers’ comp horror stories—hypothetical but realistic cases based on common pitfalls—and explains how a skilled workers’ compensation lawyer could have saved the day.
Meet Joe. He works in a warehouse outside of Pittsburgh. One day, while lifting a heavy box, he felt a sharp pain in his lower back. Being the tough, no-nonsense guy he is, Joe shakes it off, thinking, “It’ll get better in a few days.” He doesn’t report the injury to his supervisor because he’s afraid of looking weak.
Then, the nightmare began. A few weeks later, the pain becomes unbearable, and Joe finally sees a doctor. The diagnosis? A herniated disc requiring surgery. Joe files a workers’ compensation claim, but his employer denies it, arguing that there’s no record of the injury occurring at work. Since Joe had waited weeks to report it, his employer insisted that the injury must have happened outside of work.
Under Pennsylvania law, workers must report their injuries to their employer within 120 days to qualify for workers’ compensation benefits. However, waiting even a few days can make insurers suspicious. A workers’ compensation lawyer would have advised Joe to report the injury immediately and seek medical treatment to establish a clear link between the injury and his job.
Meet Lisa. She’s a restaurant server in Philadelphia who slips on a wet floor while carrying a tray. She injures her knee and files a workers’ comp claim. The doctor recommends rest and physical therapy.
A few weeks later, Lisa’s friend threw a birthday party, and she posted a picture on Facebook of herself dancing. The workers’ compensation insurance company saw this and argued that if Lisa could dance, she must not have been as injured as she claimed. As a result, her benefits were suspended, and she was left without medical coverage or wage replacement.
Workers’ compensation insurers monitor social media for evidence they can use to deny claims. Even innocent pictures can be taken out of context. A workers’ comp lawyer would have advised Lisa to avoid social media during her case and to be mindful of how her activities could be misinterpreted.
Meet Mark. He’s a construction worker in Harrisburg who fell from scaffolding and injured his shoulder. His doctor diagnoses him with a torn rotator cuff and recommends surgery. His employer’s insurance company sends him to an independent medical exam (IME) for a second opinion.
The IME doctor, who is chosen and paid by the insurance company, determines that Mark’s injury is not as severe as his own doctor claims and that he is fit to return to work. Based on this report, the insurer denies the surgery and cuts off his benefits. Mark is left in pain and without income.
IME doctors often favor insurance companies, downplaying injuries to save money. Our Lancaster workers’ comp lawyer would have challenged the IME results, gathered additional medical evidence, and fought to reinstate Mark’s benefits.
Meet Sarah. She’s an office worker in Allentown who develops severe carpal tunnel syndrome. After weeks of treatment, she receives a letter from her employer stating they have a light-duty job available for her, which consists of answering phones.
Sarah is still in pain, but she fears losing her benefits if she refuses the job. She tries the light-duty work, but her pain worsens. Eventually, she was forced to quit, and since she voluntarily left the position, the insurance company stopped her benefits entirely.
Light-duty offers are often used to force injured workers out of the system. A workers’ compensation lawyer would have reviewed the job offer, ensured it was within Sarah’s medical restrictions, and, if necessary, had her doctor certify that she was unable to perform it. This could have prevented her from losing her benefits.
Meet Tom. He’s a truck driver in Scranton who suffers a severe back injury. The insurance company quickly offered him a lump-sum settlement that seemed like a lot of money. Wanting to move on with his life, Tom accepts it without consulting a lawyer.
A year later, his injury worsens, and he requires another surgery. Since he already accepted a settlement, he can no longer receive workers’ comp benefits. Tom is now stuck with massive medical bills and no income.
Once you accept a workers’ compensation settlement, you typically give up your right to future benefits. A lawyer would have helped Tom evaluate the true value of his claim and negotiated a better settlement that accounted for future medical expenses and lost wages.
Many injured workers believe they can handle their claims alone, only to fall into traps set by employers and insurance companies. A workers’ compensation lawyer in Pennsylvania can:
If you’ve been injured at work, don’t let your case turn into a horror story. Contact a Pennsylvania workers’ compensation attorney to protect your rights and secure the benefits you deserve.
These horror stories may be fictional, but the mistakes are real—and they happen to Pennsylvania workers every day. If you or someone you know is dealing with a workplace injury, the best way to avoid a legal nightmare is to contact a workers’ compensation lawyer before making any major decisions.