Each year in Pennsylvania, a number of workers are injured while on the job or as a result of their work conditions. While it is easy to determine that some injuries happened at work, such as a broken bone, other injuries require additional evidence showing they happened because of a person’s occupation and the employee’s work duties.
Injuries such as those resulting from repetitive stress or other such problems may not be as easily identifiable as those from an accident. For these injury types, treating doctors will determine whether or not they believe the injury happened because of a person’s job activities. If they believe that it did, they will note it in the medical documentation.
Business Insurance reports that some doctors will say that an injury happened at the patient’s job when it may have happened elsewhere. Some industry insiders believe that certain physicians will try to say an injury is a work-related one in order to recoup higher payments for medical care.
Workers’ compensation pays treating doctors and other medical professionals higher amounts than many medical insurance policies will. The industry calls this practice case-shifting as doctors are shifting cases out of the regular health insurance payment umbrella over to workers’ compensation.
The idea of case-shifting demonstrates the type of argument a workers’ compensation insurance carrier and an employer might make when there has been no clearly defined accident at work. People who have suffered an injury because of their jobs may want to get help from a workers’ compensation attorney. An attorney may be able to help prove that the client suffered a workplace injury by gathering evidence showing how the injury originated.
Understanding Work-Related Injuries
Work-related injuries can occur in any industry, and it’s essential for employers to understand what constitutes a work-related injury. A work-related injury is an injury or illness that occurs during an employee’s assigned working hours, while performing work duties, or as a result of a work-related event. This can include injuries sustained while traveling for work, attending work-related events, or performing work-related tasks outside of regular working hours.
Employers must provide a safe working environment for their employees, and failure to do so can result in work-related injuries. Common causes of work-related injuries include slips, trips, falls, overexertion, and motor vehicle accidents. Employers can take steps to prevent work-related injuries by providing appropriate training, ensuring proper equipment maintenance, and enforcing safety protocols.
Determining Work-Relatedness
Determining whether an injury or illness is work-related is crucial for employers, as it affects workers’ compensation claims and recordkeeping. An injury or illness is considered work-related if an event or exposure in the work environment caused or contributed to the resulting condition. This includes injuries sustained while performing work duties, using work equipment, or being exposed to work-related hazards.
Employers must evaluate the circumstances surrounding the injury or illness to determine work-relatedness. This includes considering the employee’s work duties, the work environment, and any events or exposures that may have contributed to the injury or illness. If an injury or illness is determined to be work-related, employers must provide medical treatment and report the incident to the relevant authorities.
Medical Treatment and Recordability
Medical treatment is a critical aspect of work-related injuries, and employers must provide access to medical care for injured employees. Medical treatment includes any treatment provided by a licensed healthcare professional, including doctors, nurses, and psychiatric nurse practitioners. Employers must also maintain records of work-related injuries, including the date, time, and circumstances of the incident, as well as any medical treatment provided.
Employers must also determine whether an injury or illness is recordable, which means it must be documented in the employer’s OSHA 300 log. An injury or illness is recordable if it results in medical treatment beyond first aid, days away from work, restricted work activity, or transfer to another job. Employers must also report work-related fatalities to OSHA within eight hours of the incident.
Why Rubin, Glickman, Steinberg & Gifford P.C. Is Your Advocate for Workplace Injury Claims
Workplace injuries can be challenging to navigate, especially when proving they are job-related. At Rubin, Glickman, Steinberg & Gifford P.C., we understand the complexities of workers’ compensation claims and are dedicated to helping injured employees secure the benefits they deserve. With over 65 years of experience, our team is known for ethical and effective legal representation across Pennsylvania.
Whether you face disputes over the origin of your injury or challenges from workers’ compensation insurance carriers, we are here to help. Recognized by U.S. News & World Report and Pennsylvania Super Lawyers, we use our knowledge to build strong cases that protect your rights and financial stability. Call us at (215) 822-7575 or use our contact form to explore how we may assist with your claim.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
January 29, 2025
