Workers’ Compensation Deadlines in Pennsylvania
February 28, 2023 | Workers’ Compensation
Various deadlines apply to workers’ compensation claims in Pennsylvania. Following is an overview of how the process works as well as the applicable time limits.
Deadlines and Paperwork for the Initial Claim Process
Don’t miss any deadlines, as you could damage or even destroy your claim that way. Both your employer and the insurance company have deadlines to meet as well. You should insist that they adhere to these deadlines to keep your claim moving through the system.
Workers’ Compensation Insurance Posting
You must complete and submit Form LIBC-500 within 21 days of your accident (a slip and fall accident, for example) or the date that you realized you have a work-related injury or disease. The ultimate deadline is 120 days, after which point you will not be able to recover anything unless you have a progressive disease.
Employer Must Submit First Report of Injury
Your employer must submit a First Report of Injury (LIBC-344) within seven days of any accident that causes you to take more than a day off work or within 48 hours if you die in a work-related accident.
If the workers’ comp insurer seeks to deny your claim, they must do so within 21 days of your injury report by issuing you a Notice of Workers’ Compensation Denial (LIBC-496).
Notice of Temporary Compensation Payable
If the workers’ compensation carrier provisionally accepts your claim, they must issue you a Notice of Temporary Compensation Payable (LIBC-501) within 21 days of your injury report. This notice will extend the period of investigation of the claim to 90 days.
Notice Stopping Temporary Compensation
If your employer chooses to stop paying you temporary compensation, they must issue you a Notice Stopping Temporary Compensation (LIBC-502) within the above-mentioned 90-day window.
Notice of Compensation Payable
If your employer accepts liability for your workers’ compensation claim, then they must issue you a Notice of Compensation Payable (LIBC-495) within 21 days of your report of injury.
Agreement for Compensation
If your employer accepts liability for your workers’ compensation claim, then they must issue an Agreement for Compensation (LIBC-336) within 21 days of your injury report.
Statement of Wages
Your employer must file a Statement of Wages (LIBC-494C) within five days of learning of an accident that causes you to be disabled for more than seven days.
Notice of Suspension or Modification
Within seven days after you return to work, your employer must file a Notice of Suspension or Modification (LIBC-751) and send you a copy.
Final Statement of Account of Compensation Paid
Immediately after paying you the final installment of your compensation, the workers’ compensation insurance company must send you a Final Statement of Account of Compensation Paid (LIBC-392A).
Supplemental Agreement for Compensation
The workers’ compensation insurance company must issue you a Supplemental Agreement for Compensation (LIBC-337) before changing any of your workers’ compensation benefits.
Final Statement of Account of Compensation Paid
The workers’ compensation insurer must provide you with a Final Statement of Account of Compensation Paid (LIBC-392A) after it pays your final installment of compensation.
The workers’ compensation insurer must provide you with a Final Receipt (LIBC-340) as soon as your benefits terminate. You have three years from the date of your last benefit check to contest this termination.
If You Litigate Your Claim
Deadlines also apply if you choose to litigate your claim. You generally have three years from the date of injury to file a Claim Petition (LIBC362). Your claim will be assigned to an administrative law judge, who will notify you of the hearing date. After you present evidence at the hearing, the judge will typically refer your case for mediation. If mediation fails, the judge will issue a decision in your case. Appeals work like this:
- Either party has 30 days to appeal an adverse decision to the Workers’ Compensation Appeal Board.
- If you disagree with the Board’s Decision, you have another 30 days to appeal to a Commonwealth Court.
- You have another 30 days to appeal an adverse decision to the Pennsylvania Supreme Court.
You have a right to pursue your first two appeals if you can establish proper grounds. Due to its heavy workload, however, the Pennsylvania Supreme Court denies most of the appeals requests it receives.
Hire a Workers’ Compensation Lawyer for Help Throughout the Process
You have the right to hire a workers’ compensation lawyer regardless of whether you litigate your claim. If your claim is substantial, you will almost certainly be better off hiring a lawyer than representing yourself. At the least, it’s likely worth your time to reach out for a free consultation to learn about your options.
Harrisburg Law Office
945 East Park Drive, Suite 103 Harrisburg, PA 17111
York Law Office
2550 Kingston Road, Suite 210A York, PA 17401
Wyomissing Law Office
833 N. Park Road, Suite 103, Room A Wyomissing, PA 19610
Chambersburg Law Office
79 St. Paul Drive, Suite 1 Chambersburg, PA 17201
Carlisle Law Office
354 Alexander Springs Road Carlisle, PA 17015
Carbondale Law Office
30 Lincoln Avenue, Suite 101 Carbondale, PA 18407
Lancaster Law Office
2173 Embassy Drive, Ste 123, Lancaster Pa 17603
Lebanon Law Office
937 Willow Street, Suite D Lebanon, PA 17042-1140