I am frequently asked questions on how long an injured worker in Pennsylvania has to file a claim and how long does an injured worker have to tell the employer about the injury. They are extremely important questions and can have substantial impact on your work injury claim.
Statute of Limitation in Pennsylvania Workers Compensation
If you are injured at work, there are time limitations, called Statute of Limitations. These time limitations are prescribed by law within the Pennsylvania Workers Compensation Act. Generally, an injured workers has three years from the date you were injured to file a claim for workers compensation benefits. Whether a Denial or a Notice of Compensation Payable is issued, an injured worker has three years to bring a claim. It is a bit different for repetitive type trauma. These time limitations can run from the last day you worked due to the repetitive trauma. Having the right medical evidence is crucial. If you are beyond the statutory time frames, then your claim may be barred.
When the work injury results in death of the injured worker, a death claim must be filed within three years from the date of injury. In addition, the death of an injured worker must be causally linked to the work injury and occur within 300 weeks from the date of the work injury.
There are other complex nuances to timely filed work injuries.
Work Injury Notice Requirements
Statute of Limitations to file a claim is different than notice requirements. The Pennsylvania Workers Compensation Act also provides time limitations providing notice to your employer that you sustained a work-related injury.
Many employees are told by employers that their claim is denied and they have no right to workers compensation benefits because they did not report the work injury the same day it occurred. They are wrong!
Generally, you must tell your employer about the work injury within 21 days of the injury. It is important to inform your employer that not only did you sustain an injury, such as a shoulder injury, but that it was caused by your job. Reporting the injury within 21 days provides potential eligibility for wage loss benefits back to the day you stopped working. If you fail to report the work injury within 21 days, you can still provide notice within 120 days. If you report the work injury after 21 days, then it delays payment of wage loss benefits to the date you provided notice to your employer, instead of the date you went out of work due to the injury. Failure to report the injury within 120 days may forever bar your workers compensation claim.
The best way to avoid pitfalls on filing a claim is to contact Mooney & Associates when you are injured at work. Our consultations are FREE. Your rights when injured at work are simply too important to leave to guessing or to rely on what your employer or adjuster tells you. Your interests are paramount to us, your employer’s interest are paramount to them. Call today at 717-200-HELP. We have 15 convenient offices throughout Central Pennsylvania and seven of those offices hold evening hours throughout the week in various locations.
