If you are injured while on the job, there are several things that you need to do in order to protect your right to recover compensation under the Pennsylvania Workers’ Compensation Act. Knowing what they are can help ensure that you receive the benefits you deserve following a workplace accident.
One of the most important obligations that you have is to give your employer notice of your injury. Specifically, the law requires you to notify your employer within 21 days (but no later than 120 days) from the date that you were injured. In order for the notice to be sufficient, you must report the injury as work related and fill out an incident report detailing the specifics of the accident.
Seek medical treatment
Under the Workers’ Compensation Act, your employer or its insurance carrier has the right to control your medical treatment for 90 days following the injury. In order to do this, your employer must give you at least six choices of medical providers for you to see. You can pick any of the six to serve as your medical provider. After 90 days has passed, you can seek treatment from any healthcare provider of your choice. However, in order to be reimbursed for the treatment, you must notify your employer within 5 days of the first appointment.
File a claim
After you have given notice of your injury, your employer has 21 days to accept or deny your claim for benefits. If your employer denies your claim for any reason, you have up to 3 years from the date of your injury to file a claim petition. After this, your claim will be heard by a workers’ compensation judge to determine whether you may receive benefits.
Consult an attorney.
Since the law surrounding workers’ compensation is filled with time limitations and other traps and pitfalls for the inexperienced, it is important to have the assistance of a workers’ compensation attorney as early in the process as possible. An attorney can protect your rights and ensure that you receive the maximum benefits you are entitled to by law.