The Timeline for Filing a Workers' Compensation Claim By Foley Law Firm on September 17, 2021

A work accident can happen in a moment and leave you with serious injuries. Additionally, you may be out of work for several months or longer, depending on your injuries.

If you have been in a work accident in Scranton, PA, Stroudsburg, PA, Wilkes-Barre, PA, or anywhere in Northeastern Pennsylvania, the workers' compensation attorneys at the Foley Law Firm can help you. We can help you navigate the tight timeline for filing a workers' compensation claim and take legal action to protect your right to compensation.

How Long Do I Have to File a Workers’ Compensation Claim With My Employer in Pennsylvania?

You should notify your employer within 21 days of the injury. If the injury is not reported within 120 days of the date of the injury or having knowledge of the injury, employees aren’t eligible for workers’ compensation.

Hiring a workers' compensation lawyer after a work accident can help you make sure that you don't miss the deadline and your opportunity to recover compensation for your injuries.

Your Employer Will Then Approve or Deny Your Claim

Next in the timeline for filing a workers' compensation claim is waiting for your claim to be approved or denied by your employer's insurance carrier. The insurer has 21 days from the date they received your injury notice to issue a decision on your claim.

If they approve your claim, you will receive a Notice of Workers' Compensation Payable or Agreement from Compensation. If you are denied, you must then proceed with the process of fighting for compensation for your injuries.

If You Are Denied, You Can File a Claim Petition

If you have been denied compensation from your employer's insurance carrier and want to continue the workers' compensation process, the next step is to file a claim petition.

At this point, you may want to hire an experienced workers' compensation attorney in Northeastern Pennsylvania to help you make sure you meet additional deadlines. Your attorney can also help you build evidence, answer your questions, and get the maximum compensation possible.

What Happens After I File a Claim Petition in My Workers’ Compensation Case?

After you file the claim, your case will work through the court system toward a resolution. The steps of the process include:

Your case is assigned to a workers' comp judge
A workers' compensation hearing is scheduled
Your judge hears the evidence and schedules additional hearings if necessary
The judge will schedule your case for alternate dispute resolution, and you will try to reach a resolution in mediation
Your workers' compensation judge will render a decision

You will then have only 20 days from the date the judge's decision is given to all parties to appeal the decision. If you wish to appeal, you will file with the Pennsylvania Workers' Compensation Appeal Board.

Do I Need a Workers’ Compensation Attorney?

You are not required to work with an attorney on your workers' compensation claim. However, you may be at a disadvantage if you choose to handle your case alone.

Especially if you are in the hospital because of your injury, you may miss the tight deadlines required in Pennsylvania workers' compensation cases.