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.
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