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Workers Compensation (work injury)
Pennsylvania Workers' Compensation (BWC)
Question #1 My employer is making me go to the company doctor. Do I have the right to choose the doctor who will treat my new injury?
Answer: The laws says that the selection of a doctor is from a panel of doctors that your employer supplies to you. However, there are ways around this to come to the doctor of your choice. 1) If there is no chiropractor on the panel, you can go to any chiropractor that you want to. This include doctors of chiropractic. If you are not supplied with a panel of doctors, you can go to any doctor of your choosing. You can also tell your employee that I am "in-network" with most if not all of the workers comp insurance companies.
Question #2 How do I file a claim?
Answer: You should immediately report the injury to your supervisor, and should ask to complete a written incident report. Be sure to obtain a copy of this report for yourself. Note the names of any witnesses. Then seek medical attention from a chiropractic physician of your choice (See Question #4) as early as possible. When you do so, provide a detailed description of your job and the manner in which you were injured.
Question #3 Should I file a Workers' Compensation claim? Why can't I bill my private insurance?
Answer: Yes, you should file a workers'' compensation claim. Your private insurance will not cover injuries that appear to be work related. If you change jobs, your insurance is likely to change. A new insurance carrier may not cover problems that appear to be pre-existing. A workers'' compensation claim will remain open, however, even if you change jobs.
Question #4 I injured myself at work. What should I do?
Answer: You should obtain a First Report of Injury (FROI) form from your employer, your chiropractor or from the Pennsylvania Bureau of Workers'' Compensation (BWC). Fill out the sections titled ""Injured Worker Info"" and ""Injury/Disease/Death Info."" Ask your chiropractor to complete the ""Treatment Info"" section. Provide your employer with a copy of this form. In Ohio, you must file a claim within two years of your date of Injury.
It is the injured worker's responsibility to provide the BWC with sufficient information to approve your claim. Failure to do so will result in a denial of your claim. You should be prepared to provide all of your medical records and a statement from your chiropractic physician stating the history of your injury, your diagnosis, a treatment plan, and most importantly, whether your chiropractic physician feels that your injuries are related to your employment.
Do not make the mistake of believing that your claims manager, the hearing officer, or your employer's attorney will try to protect your rights. If you have questions about your rights, you should seek the advice of an attorney who is familiar with the worker''s compensation system. Generally, workers' compensation attorneys offer a free initial consultation and will not charge you an attorney fee unless you receive an award under your claim.
Question #5 How do I find an attorney who is familiar with the worker''s compensation system?
Answer: To find an attorney one could contact the Pennsylvania State Chiropractic Association a family member and/or friend, phone book, and even advertisements (newspaper, radio, and television). The following is a list of attorney's that our clinic''s patients have utilized who are familiar with the worker''s compensation system and have really helped our patient's.
Martin Banks Pond Lehocky and Wilson
attn: Sam Pond, Esq
1818 Market St35th Floor
Phila., PA 19103-3931
Disclaimer: The previous list of attorneys have been utilized by our clinic's current and/or past BWC patients. Our clinic has no legal or financial affiliations/ties with these attorneys and are given as examples.