In Pennsylvania, if you are injured on the job or develop a medical condition because of your job duties, you are entitled to workers’ compensation. However, since the law in this area is very complex, you may have heard some things about workers’ compensation that are simply not true. As a result, you may be discouraged from seeking the benefits that you are entitled to by law.
In particular, you should be aware of the following myths that continue to persist, despite being untrue:
1. You can be fired. One of the most common myths is that you can be fired for filing a workers’ compensation claim. However, this is illegal under Pennsylvania law. Unfortunately, the law in place does not require your employer to hold your job for you, if you need to be out on disability for an extended period, however.
2. To receive benefits, you must have been injured on company property. Although most people claiming workers’ compensation were injured on company property, some were not. In general, if you were performing work-related tasks when you were injured, you are eligible for benefits, regardless of where it happened.
3. Pre-existing injuries disqualify you from receiving benefits. In Pennsylvania, you can receive workers’ compensation benefits, despite having a pre-existing injury, if you can show that your job aggravated, reactivated or accelerated your condition. For example, if your job made your arthritis worse, you may receive benefits.
4. It is easy to get benefits without a lawyer. Your employer and its insurance company will likely have access to an experienced attorney to protect its interests. As a result, it is vital to have one on your side to protect yours.
Since the law surrounding workers’ compensation is full of exceptions, it can be difficult to know your rights. The experienced workers’ compensation attorneys at Wolf, Baldwin & Associates, P.C. can guide you through the claims process and ensure that you are treated fairly by your employer and its insurer.