Workers' Compensation Claim Deadline

Have you or someone you know been at work and twisted the wrong way, tripped, fell, or suffered some type of work injury and simply gone home thinking it will get better, day after day, self-medicating with no eventual relief? Let’s face it, most of us need to work and get a paycheck to support ourselves and our families, so we don’t want to make a big deal out of something that might not be. We keep working, and the pain from a work injury might not get better — then eventually we find ourselves in real misery, with a very real problem that keeps us from performing our usual work. What do you do then?

To prevent any problems regarding reporting a work injury, it is always best to report it as soon as possible. As with any lawsuit, there are time restrictions and deadlines that can prohibit you from pursuing your claim if not adhered to. Under Pennsylvania Workers’ Compensation law, you have 120 days within which to report your injury; however, realistically, the sooner you report the injury, the better your situation will be. As time goes by, if you failed to report your work injury, the employer’s lawyers will have ammunition to attempt to shoot down your claim, alleging that you did not actually suffer a work injury because you waited so long to report it.

Another deadline to keep in mind is how long you can wait before filing an actual Claim Petition to attempt to receive workers’ compensation benefits after your claim is denied. In Pennsylvania, you have three years within which to file a Claim, but again, the longer you wait, the less advantage you have in succeeding with your situation.

The best course of action is to give Notice to someone in a supervisory capacity or your Human Resources Department as soon as possible after injuring yourself at work. Give explicit detail when you give Notice of how you hurt yourself, so that your employer can report the injury to their workers’ compensation carrier. If the carrier then denies your Claim — which they must do within 21 days of receiving it — seek the advice of an experienced workers’ compensation lawyer to file a Claim Petition. By taking control of the situation early on, you will increase your chances of succeeding with your Claim and appearing more credible before a Workers’ Compensation Judge.

Contact Robinson Law LLC to assess your particular situation and get the experienced help you need. Don’t make things harder than they need to be, and don’t guess your way through the workers’ compensation process. We are here for you and your loved ones, so let us help.