Legal Question in Workers Comp in Pennsylvania

How can I apply for workmans compensation?

I obtained an abdominal hernia last week from taking care of 18 patients alone in a shelter care. I was treated in the ER with in hours after my shift. I reported this to my supervisor and she went ahead and replaced me for the next shift. She was nice and told me to get well soon. The kind treatment stopped as soon I asked for some sort of incident form to fill out. My supervisor later told me that she spoke to the owner and he stated that there were no forms and accused me of trying to "scam" his company. Now they won't let me back without a release from the MD. I have no insurance and a visit to the MD would hurt me financially. I'm in constant terrible pain and can't work even if he said I could and I don't know where to turn.

Please give me some advise.


Asked on 10/31/99, 10:23 pm

1 Answer from Attorneys
William Marvin Cohen, Placitella & Roth, P.C.

Re: How can I apply for workmans compensation?

Usually the only advise I'd give is to see an attorney. But even before you do that, SEND YOUR EMPLOYER A WRITTEN LETTER, IMMEDIATELY, BY FIRST CLASS MAIL AND AN IDENTICAL COPY BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, SAYING THAT:

*. You were injured at work on the specified day.

*. You advised the supervisor about it.

*. You are unable to return to work because of this injury and you need medical care for it.

If you end up having a disputed comp claim, you will have to prove that you gave the employer notice of the injury. Verbal notice to a supervisor counts, but it can be tough to prove. In PA law, if notice isn't given within a certain amount of time, you can't collect comp benefits at all. Get the written proof as I've suggested.

The company, or its comp insurer, is obligated to pay your medical expenses. Tell the doctor you were injured at work, give him the employers name, and just tell him you don't have the insurance details yet.

THEN, go see an attorney.

My firm represents many seriously injured workers, but we don't handle comp claims. I'd be happy to refer you to a specialist on comp claim if you're in the greater Philadelpia area.

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Answered on 11/02/99, 2:40 pm


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