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120 and 3—The Two Most Important Numbers in Workers’ Compensation

Everyone makes mistakes. Thousands throughout our lives. Most end up causing little to no harm. These mistakes are often beneficial as the damage caused is outweighed by the lesson learned. Some mistakes are more severe. Some can never be undone. In Pennsylvania, if you are injured at work, 120 days and 3 years are two mistakes that cannot be fixed.

If you are injured at work in Pennsylvania, you have 120 days to report the injury to your employer. If you do not report the injury to your employer within this period, you will likely not be able to obtain any Workers’ Compensation benefits.

Reporting an injury is usually simple. You are at work, you slip and fall and break your wrist. You tell your boss what happened and that you are going to the ER. You just satisfied notice. In order to be safe, never assume that just because your boss was there when you got hurt that she knows you are hurt. Make sure you tell her. Email is a great way to ensure you satisfied notice, and it gives you a record of when you provided notice and what you said.

Besides 120 days to notify your employer of an injury, you have 3 years from the date of injury to file a claim with the Pennsylvania Bureau of Workers’ Compensation. This is called a Statute of Limitations. This is a fancy way of saying there is a limit to how long you have to pursue some legal action. This is to ensure that things are done without delay; records will be easily obtainable; and witnesses’ memories are fresh.

The best thing you can do to protect yourself is to contact Abes Baumann as soon as you are injured. That very day. There is no charge to talk. A few minutes of talk now, can save you a lifetime of pain later.

Independent Medical Examinations

Many recipients of Workers’ Compensation benefits will be required to submit from time to time to a so-called Independent Medical Examination with a physician selected by the Employer/Insurance Carrier. Injured workers should understand that the examinations are in no way independent. Many of the regular providers of these examinations are paid hundreds of thousands of dollars a year by insurance companies to conduct these evaluations. Given the lucrative nature of such a practice, the providers obviously know where their bread is buttered.

Injured workers receiving Workers’ Compensation benefits can protect themselves when they attend such exams. Each worker should time the examination, including how much time they actually spend in the room with the doctor. The worker should, immediately upon the conclusion of the examination, make notes regarding what happened during the exam. After receiving a copy of the report of the examination, the workers should compare the information in the report to the note taken following the exam. He should then discuss any differences between the two with his counsel.

Under Pennsylvania Law an injured worker can have a health care provider of his or her own choosing present at the insurance evaluation. As defined under the Pennsylvania Workers’ Compensation Act, this can include a nurse. If the injured worker has a nurse in his or her family, the worker would be wise to ask that person to attend with them. On occasion, with some of the more egregious providers of insurance medical exams, our firm will hire nurses to attend the examination.

The so-called Independent Medical Examination is one of the pressure points placed on injured workers. If the worker has not talked to an attorney before such an exam is scheduled, our firm recommends a call be placed at that time.

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