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5 Frequently Asked Questions About Pennsylvania Workers’ Compensation Time Limits

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Timing can play a crucial role in whether or not your workers’ compensation claim is denied. Below are a few useful things to know about getting your Pennsylvania workers’ compensation claim/petition submitted in a timely manner in a variety of situations.
 
1. How long do injured workers have to notify their employers of a work related injury?
Notice must be given within 120 days after the injury took place in order for workers’ compensation to be allowed. Absolutely no workers’ compensation is due if the employer is not made aware of the injury.
 
2. How long do injured workers have to file a petition if his or her claim is denied?
In the event that an employee has followed all proper procedures and their workers’ compensation request is denied, he or she has three years (starting from the date of the injury) to file a claim petition.
 
3. What are the time limits for filing claims in relation to occupational disease?
In cases of occupational disease, the injury and/or disability must take place within 300 weeks from the last date of employment in which the claimant was exposed to a hazard. A petition needs to be filed no later than three years from the date of the injury and/or disability. If one fails to file a petition within the provided timeline, they may forfeit their rights to workers’ compensation benefits.
 
4. If workers’ compensation benefits have been terminated, how long does the worker have to file a petition to reinstate these benefits?
In instances of terminated benefits, the injured person may file a petition to reinstate benefits within three years after the date of his or her most recent workers’ compensation check.    
 
5. How long does an injured worker have to file a petition if their benefits have been suspended?
When benefits are suspended, the claimant may file a petition to have the benefits reinstated within 500 weeks from the date of suspension.
 
For more useful information like this, be sure to check out our FAQ and Video Library. Thanks for reading and keep checking back for more articles. 
 

 

 

 

 

 

 

5 Mistakes That Will Damage Your Pa Workers’ Compensation Case

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If you’ve been hurt on the job, the last thing you need is for your right to PA workers’ compensation benefits to be denied. Unfortunately, many employers and insurance companies will do all they can to see to it that your claim does not go through. Below are 5 commonly made mistakes that can be easily avoided when filing for wage-loss benefits in Pennsylvania. 

1. Failing to Report Your Injury in a Timely Fashion
In Pennsylvania, the law states that a claim MUST be reported to the employer within 120 days of the injury. However, it is in your best interest to report any work-related injuries to your employer as soon as possible. Taking too long to file your claim can not only cause you to run out of time; it will also make it much more difficult to prove that your injury took place at work (or in some cases, that an injury even took place at all). If you experience ANY kind of injury while on the job, speak to your supervisor IMMEDIATELY to ensure that everything is properly documented.
 
2. Withholding Information from Your Doctor
Insurance companies look for any excuse possible to deny your claim. And if your claim contains information your doctor cannot support, the case is going to look suspicious and you will most likely be turned down. To avoid this common mishap, be sure to share all of the details about your injury with your doctor, including what you were doing, how you were injured, the severity of the pain, and how this injury prevents you from performing your job.
 
3. Settling Without Consulting an Experienced Pa Workers’ Compensation Attorney
Never assume that your employer and the insurance company are going to work with your best interest in mind. You should always contact an experienced workers’ compensation attorney for a comprehensive evaluation before agreeing to any lump sum settlements. 
 
4. Withholding Information from Your Lawyer
Often, people will keep information from their lawyer because they fear it will damage their case. However, an experienced workers’ compensation attorney will know exactly how to handle information like this. Like your doctor, the attorney will need to know all of the facts relating to your case. Not having all of the information will make it very difficult for him or her to win the case for you. Furthermore, you will not want ANY of the information you give your doctor and/or attorney to contradict what you told the other. The best way to prevent this, of course, is by always telling the truth. 
 
5. Not Following the Doctor’s Orders
Your doctor may give you permission to return to work under certain conditions. Some of these may include not lifting above a certain weight, working a restricted amount of hours, or not bending over. It is important that you follow these orders precisely, even if your supervisor or one of your coworkers asks you not to. Ignoring the doctor’s instructions could not only do permanent damage to your health, it could also give the insurance company a reason to dispute your claim.
 
If you ever find yourself with a work-related in jury, we hope you will remember these 5 easy tips. Thanks for reading and keep checking back for more posts! 
 
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