How Long Do You Have To File A Workers Compensation Claim In Pennsylvania?

September 12, 2024 | Workers’ Compensation

How Long Do You Have To File A Workers Compensation Claim In Pennsylvania?

When you’re injured at work, it can feel overwhelming. Alongside the physical pain, you might be stressed about your financial situation, especially if you’re unable to work for some time. Fortunately, workers’ compensation is designed to help bridge this gap, covering medical expenses and lost wages due to work-related injuries. However, filing a claim is time-sensitive. In Pennsylvania, specific deadlines–often called statutes of limitations–dictate how long you must file a workers’ compensation claim. Missing these deadlines could mean losing your right to compensation.

Understanding the Basics of Workers’ Compensation

Workers’ compensation is insurance that benefits employees who get injured or fall ill due to their jobs. In Pennsylvania, most employers are required to have workers’ compensation insurance. This insurance covers various injuries and illnesses, from acute injuries like fractures to ailments developed over time, such as repetitive strain injuries.

Telling Your Employer: The First Step

In Pennsylvania, the first important step in getting workers’ compensation is telling your employer about your injury. The law says you have 120 days from the day you got hurt to let your employer know. It’s best to tell them as soon as the injury happens. This way, your employer can put safety measures in place to stop more accidents, and you can avoid any arguments about when or how you got hurt.

If you don’t tell your employer within this time, it could delay your claim, even if it’s clear that the injury is work-related. To protect yourself, it’s wise to report the injury in writing right away. This gives you a personal record showing that you notified your employer.

Filing a Claim: The Statute of Limitations

Once you have notified your employer, the next step is filing a workers’ compensation claim, if necessary. In Pennsylvania, the statute of limitations for filing a workers’ compensation claim is three years from the date of the injury. This means you need to formalize your claim within three years or risk losing your right to benefits.

It’s important to understand that simply notifying your employer differs from filing a claim. Suppose there are disputes over your eligibility for benefits or disagreements over the nature of the injury. In that case, you might have to petition the Pennsylvania Bureau of Workers’ Compensation to protect your rights within three years.

Exceptions and Special Cases

While the usual rules cover most situations, there are some exceptions and special cases that can change the deadlines. For instance, illnesses that develop over time due to work, known as occupational diseases, may have different timelines.

Under the Pennsylvania Workers’ Compensation Act, you need to file claims for these diseases within three years from when you were last exposed to the harmful environment or within 300 weeks after you last worked there, whichever comes first. This is why it’s important to act quickly and talk to a lawyer if you think your health condition is related to your job.

Why Acting Quickly Matters

Reporting your injury and filing your claim on time is very important for a few reasons. First, it helps you get the benefits you need to cover medical bills and lost wages without unnecessary delays. Second, it ensures that the evidence supporting your claim is preserved. The sooner you report an injury or illness, the easier it will be to gather medical reports, witness statements, and other documents that might help if your claim is questioned.

If you wait too long, it can become harder to prove that your injury or illness is connected to your work, and this could lead to your claim being denied.

Contact a Worker’s Compensation Lawyer for a Free Consultation

Understanding the timelines involved in filing a workers’ compensation claim in Pennsylvania is crucial. Remember, you have 120 days to report your injury to your employer and three years to file a claim. The delay could mean forfeiting your right to compensation. Suppose you’re unsure about any aspect of the process. In that case, consulting with an experienced attorney can make a significant difference, helping you navigate the legal landscape with confidence and peace of mind.

For more information or to discuss your case, contact Marzzacco Niven & Associates today. We’re here to support you every step of the way, ensuring you receive the benefits you deserve under Pennsylvania law.

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