How Long Do I Have to File a Workers' Compensation Claim in Pennsylvania?
Hurt on the job in Pennsylvania? You should file for workers’ compensation benefits if you require professional medical care and/or you were forced to take days off. These are time-sensitive legal claims. At DiLoreto, Cosentino & Bolinger P.C., we want to make sure that you have the knowledge, tools, and resources that you need to secure the maximum available workers’ compensation benefits. Here, our Chambersburg workers’ comp attorney provides a more comprehensive overview of the deadlines for bringing a work injury claim in Pennsylvania.
The First Deadline: Report the Accident to Your Employer (21 Days)
The first deadline to be aware of after a workplace accident in Chambersburg, Gettysburg, or elsewhere in the region is the deadline to report your accident to your employer. You have a duty to notify your employer in a timely manner. As explained by the Pennsylvania Department of Labor and Industry), a report of an accident should be made to your employer within 21 days. While the law allows up to 120 days to provide notice, waiting beyond 21 days may affect your eligibility for retroactive compensation. In other words, if you wait beyond 21 days, you may not be able to get the full workers’ compensation benefits that may have been available. If you wait beyond 120 days, you may not be able to bring a claim for workers’ comp at all.
Note: For occupational illnesses or injuries that develop over time, such as repetitive strain injuries or exposure-related conditions, the reporting deadline begins when you “knew or should have known” about the injury’s connection to your work. That time often coincides with a medical diagnosis, but there are some exceptions. If you did not know or should not reasonably have known that your condition was work-related, you can still take action. These can be complicated cases.
The Second Deadline: File for Workers’ Compensation Benefits (Three Years)
In Pennsylvania, you must file a claim petition for workers’ compensation benefits within three years of the date of injury or diagnosis. To be clear, the statute of limitations applies to both physical injuries and occupational diseases. Of course, you should not wait to take action. Filing for workers’ compensation benefits as soon as possible is always advisable. You need your compensation now. Beyond that, waiting can make evidence harder to gather and weaken your claim. If you are unsure about your deadlines or eligibility, speak to a workers’ comp lawyer right away.
Contact Our Pennsylvania Workers’ Comp Lawyer Today
At DiLoreto, Cosentino & Bolinger P.C., our Chambersburg workers’ compensation attorney has the professional experience that you can trust. The process can move quickly. Do not miss any of the deadlines that could apply to your case. If you have any questions about the deadline to bring a claim, please do not hesitate to contact us today for a free, no-obligation case review. With offices in Chambersburg and Gettysburg, we represent injured workers throughout the wider region.
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