How Long Do You Have to File a Workers’ Compensation Claim in Pennsylvania?

September 19, 2024 | Workers’ Compensation

How Long Do You Have to File a Workers’ Compensation Claim in Pennsylvania

Were you injured in a workplace accident? If so, you may receive benefits under Pennsylvania’s workers’ compensation system. Most employers are required to have workers’ compensation insurance coverage to protect their employees. However, you must file your workers’ compensation claim before the deadline or lose your right to pursue a claim.

What Is the Deadline to File a Workers’ Compensation Claim in Pennsylvania?

Workers must report injuries and accidents to their employer within 120 days under Pennsylvania workers’ compensation laws. It is best to report a work-related injury as soon as possible. If you report the injury within 21 days, you are eligible to receive workers’ compensation benefits from the first day you were injured. Otherwise, you begin receiving benefits from the day you file your report.

Formal workers’ compensation claims with the Pennsylvania Department of Labor and Industry have a different deadline. The statute of limitations for filing a worker’s comp claim is three years from the injury date. However, the sooner you seek legal advice, the better your chance of receiving a positive outcome in your case.

What Happens After I File a Workers’ Compensation Claim in Pennsylvania?

When you notify your employer of a work-related injury, your employer should file a First Report of Injury and notify its workers’ compensation insurance company. Workers’ comp insurance providers have 21 days to deny or approve your workers’ comp claim.

However, the company can pay workers’ compensation benefits for up to 90 days while investigating your claim. After 90 days, the company could stop payments and notify you that it is denying your claim.

If you receive notice that your workers’ compensation claim has been denied, you have the right to appeal the denial. You must file your appeal before the deadline for appeals expires. Therefore, you should consider seeking legal advice as soon as possible to ensure you don’t lose your right to file a workers’ compensation appeal.

What Benefits Can I Receive if I’m Injured in a Workplace Accident in Harrisburg, PA?

Workers’ compensation assists injured workers in recovering from a work-related injury. Benefits include:

Medical Benefits

The workers’ compensation insurance company pays for necessary and reasonable medical care. Medical benefits for workers’ compensation include:

  • Doctor’s visits
  • Hospitalizations
  • Emergency room and urgent care services
  • Diagnostic tests and lab work
  • The cost of medical specialists, if needed
  • Physical, occupational, and vocational therapies
  • Surgery

Pennsylvania workers’ compensation laws require you to receive medical care from approved medical providers. Providers are chosen by your employer or its workers’ comp insurance provider. They must provide a list of at least six medical providers for you to choose from for your medical care.

The first 90 days of medical treatment must be provided by an approved medical provider. If your doctor recommends surgery, you have the right to a second opinion, but you must choose someone on the list for the employer or insurance company to pay for the second opinion. After 90 days, you can receive medical care from a physician of your choice.

Wage Benefits

If you cannot work because of a workplace injury, you can receive temporary disability benefits to replace some of your loss of income. However, workers’ compensation does not replace all lost wages. The benefit amount is based on two-thirds of your average weekly wages and is subject to maximum and minimum amounts.

Workers can receive permanent disability benefits if they sustain a permanent impairment. The amount you receive depends on the disability rating and other factors.

What Does a Third-Party Workplace Accident Cover in Harrisburg, PA?

Workers’ compensation does not reimburse you for all loss of income or other economic damages. It does not pay for pain and suffering. However, you could receive non-economic damages and economic damages for a third-party claim.

Typically, workers cannot sue their employer if they are covered by worker’s compensation insurance. However, if a third party causes their workplace injury, they may have a claim against that party for damages.

If you have questions about a workers’ compensation claim or a third-party workplace accident claim, contact a Harrisburg workers’ compensation lawyer for a free consultation. Sound legal advice can make a significant difference in the outcome of your case. 

If you’ve been injured in a workers’ compensation, please contact Marzzacco Niven & Associates at the nearest location to schedule a free consultation today:

Harrisburg Law Office
945 East Park Drive, Suite 103 Harrisburg, PA 17111
(717) 231-1640

York Law Office
2550 Kingston Road, Suite 210A York, PA 17401
(717) 995-8998

Wyomissing Law Office
833 N. Park Road, Suite 103, Room A Wyomissing, PA 19610
(717) 388-2325

Chambersburg Law Office
79 St. Paul Drive, Suite 1 Chambersburg, PA 17201
(717) 388-2378

Carlisle Law Office
354 Alexander Springs Road Carlisle, PA 17015
(717) 995-8732

Carbondale Law Office
30 Lincoln Avenue, Suite 101 Carbondale, PA 18407
(717) 995-8810

Lancaster Law Office
2173 Embassy Drive, Ste 123, Lancaster Pa 17603
(717) 616-2954

Lebanon Law Office
937 Willow Street, Suite D Lebanon, PA 17042-1140
(717) 995-8963