Work-related back injuries are common. Many are very serious. A significant back injury often requires costly treatment and may be very long-term or permanent.
Precisely because they are common, serious, expensive and potentially permanent, employers and workers compensation insurance carriers have developed sophisticated battle plans to prevent YOUR work-related back injury from becoming THEIR responsibility -- despite the intent of the Pennsylvania Workers Compensation Act.
If your work-related back injury is other than minor, or other than short-term, and even if your employer is made up of great people who only mean well by you at the outset of your injury, rest assured that the insurance company will eventually use tactics to overcome even the most well-meaning employer.
THE BAD GUYS:
The employer may deny that any injury occurred. Failing that, they will direct you to the doctor or practice they most prefer -- even if they have never met their own obligations to establish a panel list of doctors to treat work injuries. If they have not met their obligations to force you to their list of doctors, they will pretend and/or assume that they have, or that you won't know any better. Even if they have met all of the protocols under the law to allow them to restrict your access to treatment, they will overstep what the law allows, directing you to a particular provider rather than allowing you to make choices as intended by the law. The employer may become actively involved in limiting the description of your injury that appears in the notes of the "company doctor," such as by calling the doctor and relating only your most significant injury as the area needing treatment.
The insurer will meanwhile act to discourage any other doctors from becoming involved in your care for the work injury. Meanwhile, the "work injury" will not be admitted or acknowledged in any way that serves your rights.
THE "GOOD GUYS"
Many employees who are injured at work in Pennsylvania learn the hard way that in workers' compensation claims, it is often the nice guy who finishes last. That is, the injured worker who puts their trust in their employer to treat them fairly and to do what is in their interest, to get the treatment they need for a quick recovery and return to work, often finds to their surprise that thier trusted employer is quitly stabbing them in the back.
Some elements of the Pennsylvania Workers' Compensation seem to have been deliberate designed to allow employers and insurance companies to mislead injured workers after an injury, giving the injured worker little more than a false sense of security, while affording the insurance carriers with an opportunity to shape the evidence against the worker in the event of a long-term injury.
In this scenario, the claim is initially "acknowledged" by the employer and the workers' compensation insurance carrier. Sometimes this is only by letter, with the employer and insurer failing to file any formal document with the Bureau of Workers' Compensation. Most claimants do not realize this negatively affects their rights, nor even that a filing should have been made to document the legal status of the claim. On this point and many others, employers and insurance carriers often make their own rules, knowing what they can get away with, knowing what the injured worker without an attorney will be unable to enforce, doing only what is best for them, while offering the injured every assurance that all is well.
Even when the employer and insurance carrier do file with the Bureau as required by law, they may decide to "acknowledge" the claim only by a "Notice of Temporary Compensation Payable" (NTCP) and may begin to pay benefits. This makes most injured workers assume that the employer has taken responsibility for the work injury. This is far from true, in that an employer accepting an injury under an NTCP is NOT recognizing any liability, and is free to stop paying compensation, no strings attached, by filing a "Notice Stopping" any time within 90 days. Meanwhile, the insurance carrier uses that time to control the claimant's medical access and the resulting medical evidence, pushing for their referred doctors to document the claim as narrowly as possible and to describe the claimant's complaints in the most unflattering light possible, often with the doctors also giving the claimant every assurance that all is well. Meanwhile, the claim is being documented in a way deliberately intended to make it very hard for the injured claimant to pursue his or her legal rights once the "notice stopping" is filed.
The injured worker, meanwhile, is made to believe that everyone is on the same team, that everyone is acknowledging his injury, and that all have the goal of seeing that the injured worker recover. In fact, thier goal is not the worker's recovery, but to create documentation that will allow the insurer to argue that the claimant is either recovered, or faking, or suffering from back problems that were somehow pre-existing (even if the worker never had symptoms or treatment before the work injury). To get there, the insurance company and its operatives, and its contacts at the employer, will all work together to downplay or dispute the work injury.
Do not make the mistake of thinking this can't happen to you. It is not an overstatement to say that it happens in almost every workers compensation claim involving a serious back injury. If you have a back injury that looks like it may disable you from your pre-injury career for any extended time, be warned: it is almost certainly already happening in your claim.
What you are hearing from seemingly supportive folks may be very different from what they are documenting and not sharing with you. The employer, the insurance adjuster, the case manager, the doctors, etc, all see their own incomes rise and fall with the goal of limiting the cost your claim.
Your first hint this is happening to you may not be until you actually get a push back to work in a job you know you cannot do, or when you get a Notice Stopping Temporary Compensation, and find that all of the records documenting your treatment are slanted against recognizing any significant or long-term injury.
Call us as early as possible in your back injury claim. We can give you advice that will help you to protect and advance your rights. We can counsel you in ways to prepare you to stand up to any improper handling of your claim by the employer or its insurance carrier.
Call us now at 484-453-8144
CLIENT TESTIMONIALS:
I had a serious work related injury. I hired Tim after speaking with him and feeling completely at ease with his professionalism and demeanor. My case became complicated over time. Throughout the process I always felt that Tim had my best interest in mind. With every phone call or email, Tim was very informative and proactive, always explaining things in a way I could understand. He worked hard for me in his dealings with my employers insurance company. He did this so much so, the insurance company actually fired their own attorneys in the middle of litigation. In the end, Tim was able to negotiate a substantial settlement, including taking the burden off of me of an excessive amount of unpaid medical bills. I would highly recommend Tim.
- B (Workers Compensation client)
"I" truly, Love / Respect and Appreciate - "Attorney: Timothy James Kennedy" for, his (highly, professional / unselfish {going, above and beyond} / highly, dedicated) approach in working with, me / my, un-fortunate circumstance(s) and my (unfortunate), legal dilemma... and, will (with; every, opportunity) be highly, recommending his legal services to (all) family / friends and strangers found in-need of such, ser-vices!!!
"Attorney: Timothy James Kennedy" is (not, only) a, true professional -He is a, loving / caring / sharing human being who (not, only) cares about his, cases and reputation; but, cares (also) for the lives and the families of those he so-caringly and so-humbly, represents!!!
He will (always) be appreciated and will never - ever - be, forgotten. "I" (on, behalf of myself and my, family) appreciates the fact that, He was willing to stop-by and become, "The Good Samaritan" in our, lives!!!
- Michael (Workers Compensation Client)
Timothy is a really great lawyer. He knows what to do, and how to handle really sticky situations. When I first came to him, I had very little to back me up, but we mainly him lol pulled through and got the job done with GREAT results. If I could back in time I would still pick him as a lawyer 1000 times more. He took his time, talk to me like I was a person and not a dollor sign, and made lawyer jargon understandable english for me. I truely felt comfortable with him handling my case, and I never doubted him since the very first meeting. I also like that he gives his personal direct number to get in contact with him whenever you may need him, and he always responds if not that same day, the very next. The only bad thing I would have to say is its a shame I would have legal trouble to work with him again lol.
-Trina (Workers Compensation Client)
Highly knowledgable in the law with excellent people skills..I highly recommend Mr. Kennedy.
- Current Workers Compensation Client
As these testimonials reflect, we work very hard to satisfy our clients and to ensure the best results in handling their claims. Call us now to let us explain how we can help you advance your rights and interests, so that you too can become a satisfied client.
-Tim Kennedy
(484) 453-8144