what are my rights being injured at work

tore my rotator cuff

Asked on April 1, 2017 under Employment Labor Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Typically, you must report an on the job injury within a certain period of time (usually the same day or within a few days) after the incident. The next step for you to take is to file a claim with the workers' compensation court in your state. This will officially put your employer and your employer’s insurance company on formal notice of your injury. Once your claim is filed, certain automatic protections are put into place (although they can vary somewhat from state-to-state). Typically, for example, you have: the right to see a doctor and pursue medical treatment; the right to then return to work and, if you are unable to return, you then have the right to some type of disability compensation; and you also you have the right to be represented by a lawyer during the process. You should also be aware that your employer canot prohibit you from filing a worker's comp claim and if it asks you to use your own health insurance to cover your medical treatment, you have the right to say no. Finally, your employer cannot retaliate against you for filing such a claim. Here is a link to a site that will explain PA law in more detail:
http://www.dli.pa.gov/Businesses/Compensation/WC/Pages/About-Workers'-Compensation.aspxhttp://www.dli.pa.gov/Businesses/Compensation/WC/Pages/About-Workers'-Compensation.aspx


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