The Pennsylvania Workers’ Compensation Act (the “Act”) does not require that a worker sustains a specific type of injury, only that the condition, injury, or illness must be related to the worker’s employment. However, § 311 of the Workers’ Compensation Act requires that notice of an injury must be given within twenty-one (21) days after it occurs, or at least, within 120 days of the injury.
It is good sense to inform your employer as soon as possible after sustaining a work-related injury. This is necessary even if you believe the injury is minor or will heal without medical attention. Although oral notice is sufficient under the Act, written notice is recommended in all cases, since an employer may assert that oral notice was never given. The sooner this is done, the better, as an employer and its insurance carrier have 21 days after they receive notice of the injury to either agree that an injury is work-related or to deny the claim. Employers issue one of three notices, a Notice of Compensation Payable, Notice of Temporary Compensation Payable, or Notice of Compensation Denial.
It is not surprising that the notice requirement, which is the most crucial, often results in the denial of a claim. It is the worker’s obligation to inform his employer of the work-related injury within twenty-one (21) days of the date that he knew or should have known that he had such an injury. If notice is not provided within this time period, benefits will be denied and lost up to the date of actual notice. The knowledgeable and experienced attorneys at Powell Law may help any claimant for workers compensation benefits comply with all of the necessary notice requirements of the Act.
If within one hundred twenty (120) days of the date that the claimant knew or should have known of their work-related injury, notice is not given to an employer, the worker forever loses the right to assert the claim. Determining whether a claimant for workers compensation benefits knew or should have known of the work related injury is decided on the facts of each individual case.
An exception to the 120-day rule relates to occupational diseases. A worker must become injured or disabled within 300 weeks of the date of last employment in the job that caused the occupational illness. More importantly, an injured employee must file a claim within three years of the date of injury. Any failure to assert the claim within three years will result in a permanent loss of eligibility for any benefits, forever barred by the applicable Pennsylvania statute of limitations. However, note that for some injuries, each day of work may constitute a new injury and thus a claim seemingly barred may be pursued on a theory that the injury was caused by a repetitive trauma.
The cases involving notice and filing are often complicated and confusing, which is significantly intimidating when you consider all that is at stake – losing the right to assert a claim. If you believe that you have a claim for workers’ compensation benefits, call for a free consultation with a qualified workers’ compensation attorney who can answer all of your questions and ensure that all filing deadlines and notice requirements under the Pennsylvania Workers’ Compensation Act are satisfied in your case.
At Powell Law, one of our areas of practice revolves around workers’ compensation. We effectively assist clients throughout the entire workers’ compensation claims process. Our attorneys, past and present, have represented Pennsylvania workers injured on the job for 110 years.
