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Workers’ Compensation: Fact vs. Myth

Joanow Legal Group June 2, 2020

One of the worst things an employee can do when injured on the job is to believe everything their employer tells them about a workers’ compensation claim. An employer is going to have one goal- to minimize the amount they have to pay for the employee’s injury or to get out of paying at all. Here are a few myths about workers’ compensation that you should not believe.

First, there is a strict deadline to file a claim. If injured on the job, a worker must provide notice of that injury to the employer within 20 days. Otherwise, that worker will not be eligible for any benefits until the date notice is provided. Further, if no notice is provided within 120 days of the injury occurrence, a claim is completely barred and no benefits will be paid. The bottom line, report an injury as soon as it happens.

Second, a worker cannot be fired for filing a workers’ compensation claim. This is illegal and can be taken to court as civil litigation for wrongful termination. Employers will generally avoid this at all costs. Third, and especially important, is that the state of Pennsylvania considers evidence from social media is permissible. This means that if you say you cannot work, but an investigator discovers a picture of you on your Facebook account doing some activity that proves you can work, then workers’ compensation will likely be denied.

If you have been injured on the job, consult with a workers’ compensation attorney who can answer your questions truthfully. It is important to have someone on your side who is protecting your interests. Do not rely on an employer to walk you through a workers’ compensation claim if you expect to receive the full amount of benefits due.