Workers' Compensation Deadlines
It's difficult to keep track of all the deadlines associated with Pennsylvania's workers' compensation system. However, missing a single deadline could jeopardize your chances of receiving the compensation you deserve for your workplace injury. Below we've compiled important deadlines that you should know.
If you have questions about your workers' compensation claim, contact our legal professionals today for a free legal consultation. Call 412-394-1000 or fill out our free online legal consultation on the top right of the page.
Deadlines When Filing Your Workers' Compensation Claim
Here are the deadlines you need to know when you first experience a work-related injury or illness and file your claim:
- You must give notice of your injury to your employer within 120 days of the accident. No compensation is due until notice is given.
- If you are not aware of your injury until later, then notice must be given within 120 days of becoming aware of your injury.
- You are eligible to collect benefits if a doctor places you on medical leave for more than 7 days.
- If your employer posts a list of physicians, you must be treated by one of these Company Doctors to ensure payment for the first 90 days of treatment.
- After 90 days with the Company Doctor, you have the right to choose your own doctor.
- Within 21 days of notifying your employer of your injury or illness, you will receive a determination of payment: Denial of Compensation, Temporary Compensation, or Compensation Payable.
- Denial of Compensation: Your employer denies liability to pay for the injury. If this happens, you should seek legal advice immediately.
- Temporary Compensation: Your employer doesn't accept or deny liability, but extends the investigation for 90 days.
- Compensation Payable: Your employer accepts liability and agrees to pay your workers' compensation.
Deadlines After Your Determination of Payment
Here are the deadlines that apply after your employer decides whether or not they will pay your workers' compensation benefits.
- If your claim is denied, you have 3 years from the date of your injury to file a claim petition.
- If your benefits were terminated, you have 3 years from the date of your most recent workers' compensation check to file a petition.
- If your benefits were suspended, you must file a petition within 500 weeks (9 ½ years) from the date of your suspension.
- If you receive a petition to suspend, terminate, or modify your compensation, consult an attorney before payments are halted. The sooner you contact us, the quicker we'll be able to determine your options.
Deadlines Once You Are Receiving Workers' Compensation Benefits
- You can collect partial disability payments if you return to "light duty" assignment. Workers' compensation will pay up to two-thirds of the difference of salary up to a maximum of 500 weeks (9 ½ years).