Often when an individual is hurt at work, their employer or immediate supervisor will discourage the use of workers compensation. Obviously, the employer does not want their workers compensation insurance premiums to increase. So they make things up or try to guilt an injured worker into not claiming the work injury.
Don’t fall for those tricks. Your workers compensation rights are too valuable to your present, your future, and your health. I hear it time and time again when I sit down and chat with new clients that their employer somehow tried to discourage them from seeking benefits. Be smart. Seek legal counsel right away. Workers’ compensation is a deadline sensitive area of the law, in terms of statute of limitations and notice requirements. When you are hurt on the job, the best thing you can do, after seeking immediate medical care, is to speak with Mooney & Associates to ensure your rights are protected.
Here are some of the common employer tricks.
1. The injury was your fault. They say it alot. However, in many cases, regardless of fault, you are still protected and entitled to benefits under the Workers Compensation Act. If you have been injured at work and your employer is telling you that workers compensation does not apply because you got hurt through your own fault, call Mooney & Asssociates right away for a FREE consultation. Let us decide whether you may be entitled to benefits, not your employer.
2. Use your short term and long term disability instead. Again, those benefits are wonderful to have. However, it is imperative that if you are hurt at work, to protect those rights. You may be entitled to wage loss benefits, medical benefits, specific loss benefits, and more. These benefits could lead to an injury settlement as well. If your employer has told you to apply for short term disability instead of workers compensation, and your disability from work is the result of a work-related injury, call Mooney & Associates right away for a FREE consultation.
3. Company Lawyer says you have no case. That’s a bunch of bull! In most cases, it is a scare tactic. Your employer likely has not even spoken with an Attorney. But, regardless, don’t trust your employers’ attorney. Get your own attorney! We have written here time and time again, if you are hurt at work, even if your employer/insurance carrier is faithfully paying you wage loss benefits and paying your medical bills, you should seek the advice of your own Workers Comp attorney. Your workers’ compensation insurance carrier has their lawyers, so should you! Call Mooney & Associates right away for a FREE consultation.
4. We will have to lay you off if you report the work injury. That statement in of itself is screaming at you to seek an Attorney. If you are laid off while injured at work, and are out of work because of the injury or on light duty, your employer can lay you off, but we can make them pay! The law is very specific with regards to lay offs and work injuries. Call Mooney & Associates right away for a FREE consultation.
5. Just send me the medical bills, I will take care of them. You think? What happens if you have to have surgery? What happens if your initial medical treatment doesn’t relieve your symptoms. Think your boss will keep paying? Medical expense sin work-related injuries can add up to tens of thousands and even hundreds of thousands of dollars. Your employer is not going to keep paying those out of pocket. Your health is far too important to fall for something like that. Call Mooney & Associates right away for a FREE consultation.
6. You don’t qualify for workers’ compensation, you’re a sub-contractor. Let us make that call, not your employer. The rules and elements of whether their is an employee-employer relationship are complex. Specific requirements must be met in order for a person to meet the definition of independent contractor, and thus, not an employee. The issuance of a 1099 in of itself is not enough. If this argument comes up, call Mooney & Associates right away for a FREE consultation.
These are just a few tricks employers try and use against injured employees. There are many more out there. It’s simple. If you get hurt on the job, don’t gamble with your rights. They are too important. Mooney & Associates provides FREE consultations and we can meet you at any of your twelve office locations. It doesn’t cost anything to get some advice.
Our firm represents injured clients in Adams County, Cumberland County, Dauphin County, Franklin County, Fulton County, Lancaster County, Perry County, and York County, all in south central Pennsylvania!
