In Pennsylvania, if you’re injured at work, there are important steps and timelines you need to be aware of to ensure you receive the workers’ compensation benefits you’re entitled to. Here’s what you need to know about giving notice if you’re injured on the job:
Seek medical attention
The most important thing when injured is to take care of your own well-being first and then figure out any legal aspects. Always make sure to get appropriate treatment. You can talk to your employer about seeking medical attention, but if they’re not cooperating, get the treatment you need, and contact an attorney.
Notify your employer
There are certain basic things to remember when you are notifying your employer about a work-related injury or illness:
When? If you are hurt at work or suffer a work-related illness, it is crucial to report your injury or illness to your employer immediately. Failure to notify your employer can cause any workers’ compensation benefits to be delayed or denied. Pennsylvania law requires that you notify your employer of your injury within 21 days to receive benefits from the date of the injury. However, you have up to 120 days to report the injury and still be eligible for benefits. Failing to report within these time frames can result in the denial of benefits.
How? It’s best to advise your employer in writing. A text or an email is sufficient. Include details about the accident like how, when, and where it occurred. Verbal notice is technically sufficient, but if an employer denies receiving it, it is much harder to prove. You, as the employee, or someone acting on your behalf, such as your attorney, can report the injury.
Who? Usually, you need to notify your supervisor, human resources, or the person in charge of workplace injuries. As long as the person is technically senior to you, that should be enough. If all else fails, let a co-worker know so you have a witness if there is an issue at a later date.
Why? If you suffer from a work-related injury or illness, you will require medical care. Those medical expenses are the responsibility of your employer. Depending on your employer, you may be required to see certain medical providers for evaluation as part of your workers’ comp claim. This is true even if you have health insurance.
What happens next?
Once you report the injury to your employer, their workers’ comp insurance provider has 21 days to acknowledge your claim. Your employer has up to 90 days following the injury to either accept or deny the claim. If your claim is denied or partially accepted, you have the right to file a petition requesting a hearing before a workers’ comp judge. Your employer may require you to see a company-approved physician for the first 90 days after your injury.
An attorney can help.
An attorney can make sure your rights are protected. Just because a company is denying a claim or saying the injury is not work-related does not mean they are correct. It is also very important to have someone review all the paperwork with you to make sure it is accurate from the beginning. For example, if you only reported one injury or injured body part on your initial notice, but you have other injuries, the insurance company might try to avoid paying for your injuries that are not listed on the form. This can cause delays in treatment and affect the amount of workers’ compensation that you recover. The sooner you contact a lawyer, the more they can help you.
Consulting an attorney should be free at the early stage of your case because many workers’ compensation attorneys offer a free initial consultation to understand your case. If your case does then progress to litigation, an attorney who has been there since the beginning will already understand everything that you have been through and be able to hit the ground running.
Understanding these procedures and your responsibilities when you have been injured at work can significantly impact the success of your workers’ compensation claim in Pennsylvania. Remember, the laws are designed to protect you, but it’s essential to follow the prescribed steps carefully to safeguard your benefits.
If you have been injured at work, or are suffering from a work-related illness, contact Aversa & Linn. We can guide you through all the steps of a workers’ compensation claim, from reporting to your employer all the way through to a hearing and an appeal if necessary.
