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INDUSTRY INSIGHT WORKERS’ COMPENSATION SPONSORED CONTENT FIVE MYTHS REGARDING WORK-RELATED INJURIES IF AN EMPLOYEE IS INJURED AT WORK, THEIR INJURY IS CONTROLLED BY THE WORKERS’ COMPENSATION ACT. Tim and Mark Conboy have over 65 years experience handling Workers’ Compensation claims. They have represented thousands of injured workers. They have seen numerous ways Employers and Workers’ Compensation Insurance Carriers have ignored legal responsibilities owed to an injured worker under the Pennsylvania Workers’ Compensation Act. The following are some of the myths Employers convey to injured workers. 1. “There is no reason to report your injury.” Frequently, an injured Employee’s supervisor will pressure an Employee not to report an injury. The injured worker figures they will get better within a few days. Many times, this Employee has suffered a more serious injury than they realize. By the time they try to report the injury, the Workers’ Compensation Insurance Carrier denies a valid injury simply for the delay in reporting. REPORT EVERY INJURY PROMPTLY, NO MATTER HOW MINOR THE INJURY APPEARS TO BE. 2. “Your claim is not valid because you failed to report your injury on the day of the injury.” Injury claims are frequently denied when they are not reported on the day of the injury. Failure to report a valid injury claim promptly can lead to unjust denials if the injury is more serious than first realized. BY LAW AN INJURY CAN BE REPORTED UP TO 120 DAYS FOLLOWING AN INJURY. 3. “Your injury is due to a pre-existing condition, so your injury claim is not compensable.” The Workers’ Compensation Act states that an injury includes “an aggravation of a pre-existing condition or disease contracted as a result of employment.” Employers frequently deny claims because the injured Employee had a pre-existing condition or prior injury to the same body part before. If the injured Employee’s underlying condition was aggravated, and there are new symptoms or a worsening of the old symptoms, the Employee has a valid Workers’ Compensation claim. IF A WORK INJURY AGGRAVATES OR CAUSES NEW SYMPTOMS WORSENING A PRE-EXISTING CONDITION, THAT WORK INJURY IS COMPENSABLE. 4. “My Employer will fire me if I file a Claim.” Pennsylvania law protects an injured Employee from being terminated due to claiming a work-related injury. Every Employee is well within their rights to file a Claim if they are injured on the job. We have filed multiple Retaliatory Discharge claims in Civil Court when it appears that the Employer has terminated the Employee due to the filing of a Workers’ Compensation claim. Recently, a jury in Pennsylvania awarded an injured Employee more than $2.2 million in damages for firing the Employee after the Employee filed a Workers’ Compensation claim. The jury determined the firing was in retaliation for filing the Workers’ Compensation claim. YOU CANNOT LEGALLY BE FIRED FOR REPORTING OR FILING A WORKERS’ COMPENSATION INJURY CLAIM. 5. “You don’t need an attorney.” Any Employee who has sustained an injury at work has the right to obtain legal counsel and should do so. If your claim has been accepted, we will agree to represent you so we can monitor your claim and make sure that the Workers’ Compensation Insurance Carrier is complying with their obligations under the Worker’s Compensation Act. In such a situation, you get our legal services for free. Only if your claim goes into litigation or we obtain a settlement, would our 20% contingent fee be triggered. EVERY INJURED EMPLOYEE SHOULD OBTAIN EXPERIENCED LEGAL COUNSEL. If you have sustained a work-related injury, contact our law firm at 412-343-9060 or [email protected] to schedule a free consultation regarding your rights. ConboyLaw, LLC, 733 Washington Road, Suite 201, Pittsburgh, PA 15228. Let us be your voice to obtain all of the benefits you are entitled to receive. For a free copy of our PA Workers' Compensation Frequently Asked Questions Guidebook, email us at [email protected] with "WC booklet" in the subject line, or call us at 412-343-9060 ext 5. KEYSTONE OAKS ❘ SPRING 2018 11