08.04.2020

What If My Employer Did Not Report My Work Injury?

Any Pennsylvania worker who suffers a work-related injury or who is diagnosed with an occupational disease and informs his or her employer, i.e., giving notice of this injury or condition, should expect that the employer will report this injury to the Pennsylvania Department of Labor and Industry (PDLI) and the employer’s workers’ compensation provider.

The Pennsylvania Workers’ Compensation Act (WCA), imposes certain obligations on employers, including the requirement that virtually all employers in Pennsylvania carry workers’ compensation insurance. Pennsylvania employers also are legally obligated to report a work-related injury, illness, or condition.

Pennsylvania law requires that employers must ensure that their employees understand their rights as workers and, as a result, employers have responsibilities regarding work-related injuries to display posters and provide individual employees with brochures that offer the information necessary in the event of a work-related injury, illness, or condition.

Employers must keep records of every work-related injury or illness for which they have knowledge, whether through an employee’s notice or any other source. These records must be available to the PDLI for inspection at any time within 48 hours of a fatal work-related injury or seven days for any other work-related illness or injury.

Employers must file a copy of this report with their workers’ compensation insurance carrier. If the employer is self-insured, a copy of this report must be filed with the person responsible for managing the employer’s compensation program.

If an employer fails to report a work-related injury, a worker may file a petition with the Office of Adjudication.

The process for filing and receiving approval of workers’ compensation claims in Pennsylvania is complicated. Claimants are required to provide a long list of information in the form of medical records and other necessary documentation. This information must be collected, organized, and presented within certain procedures and deadlines. Powell Law has represented injured workers for 115 years and has a distinguished reputation throughout northeastern Pennsylvania for adhering to the highest standards in serving those injured on the job. Contact Powell Law at (570) 961-0777. The consultation is FREE, and you don’t pay unless we win!

What If My Employer Did Not Report My Work Injury?

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