Many people may put off notifying their employer of their injury or filing a claim for benefits because they do not know where to begin. However, delaying the filing of a claim can have a devastating effect on a worker's ability to receive benefits. Failure to file a claim on a timely basis may result in forfeiture of your right to benefits. For this reason, you should never delay in contacting an experienced Pennsylvania workers' compensation lawyer after you have suffered a workplace injury.
The following is a list of deadlines an injured worker should be aware of:
- In Pennsylvania, an injured worker should report a work injury within 21 days after its occurrence to his or her employer. Without this notice, the employer and the employer's insurer are under no obligation to pay workers' compensation benefits. However, failure to give notice within 21 days does not preclude a worker from pursuing a legal claim; it only delays possible payment.
- If an injury is not reported within 21 days of injury, then an employee must provide notice to the employer no longer than 120 days after the injury or he or she will lose the right to receive any kind of benefits. If an injury is not reported within 120 days of injury, the claim is time-barred under the Workers' Compensation Act.
- If your request for WC benefits is denied by your employer or your employer's insurance carrier, you have three years from the date of injury to file a claim petition.
- In occupational disease cases, injury/disability must occur within 300 weeks from the date of last employment in an occupation in which you had exposure to a hazard, and a petition must be filed no later than three years from the date of injury/disability.
- If your benefits were terminated, you may file a petition to reinstate WC benefits within three years after the date of your most recent WC check.
- If your benefits were suspended, you may file a petition to have benefits reinstated. This petition must be filed within 500 weeks from the date of suspension. Payment of medical benefits by your employer does not mean that your claim has been accepted or reopened.
Free Consultation - No Fees Unless We Win - Contact an Erie Workers' Compensation Lawyer
To speak with an experienced Pennsylvania workers' compensation attorney about your workers' compensation claim, contact McCormick and Vilushis. There are no consultation fees and we charge no attorney's fee unless we win your case.