Do you know everything you need to know if you are injured on the job? If you are like most people, you won't think about getting injured at work, until it happens to you. It is then that knowing a few simple facts may help you the most, or not knowing them can cost you needless hours of worry, frustration and often the compensation you are entitled. Answer the following questions to test your workers' comp knowledge. If you get even one wrong, it may wind up costing you.

TRUE or FALSE?

• If I am injured at work, my employer has the right to choose the doctor I see.

Answer: True and False. The answer for you depends on whether your employer posts a list of health care providers at your work place. If so, you are required to treat with one of the so called “company doctors” listed for your work injury. Even then, you are only required to treat with the company doctor for the first 90 days following your injury, which serious injuries often exceed. However, if your injury requires treatment from a specialist not included on the employer's list, you may be able to “go off the list” during the first 90 days.

TRUE or FALSE?

• While I am out of work due to an injury, my employer can fire me.

Answer: True and False. While an employer has the right to terminate an employee who is out due to a work injury and can not perform the duties of the job required by the employer, the employer may not fire you for filing a workers' compensation claim. If you suspect you have been fired for filing a claim your employer may be liable for penalties under the Act.

TRUE or FALSE?

• If I leave work due to a work injury, my employer doesn't have to take me back.

Answer: True and False. Again the answer depends on the facts in your case. One of the serious problems addressed by the 1996 amendments to the PA Workers' Compensation Act was the problem of employers “black balling” or refusing to hire back employees which had been injured on the job. The Act now includes a “job offer requirement.” This means that if an employer alleges you are able to work and files a modification petition to reduce your comp benefits, the employer must offer you a job if one within your capacity is available. This is a little known, and little used requirement which could make a big difference for employees who wish to remain with the same employer.

TRUE or FALSE?

• When I am ready to return to work following a work injury, my benefits may be reduced even though I am not able to return to the job for which I am trained, such as nurse, lawyer or doctor.

Answer: True and False. One thing which often shocks professionals who are injured on the job, is that an employer can reduce your benefits based upon earnings or even potential for earnings in any job. You may have worked your whole career as a doctor, but the employer will attempt to reduce your benefits because you are employable in any field. However, whether your benefits may be reduced is an issue to be decided by a worker's compensation judge who considers your good faith efforts to find employment in your field.

As you can see by now, when it comes to workers' comp, what you don't know can hurt you. Often, the protection the Workers' Compensation Act provides to injured workers' is only there for you if you know it is there. The Act's coverage varies depending on the facts in your situation. If you are injured, do the smart thing, investigate your rights and talk to an experienced attorney. Remember, what you don't know can hurt you.