Not Reporting A Work Accident May Cost You Your Workers’ Comp Claim

Pennsylvania workers injured on the job have significant rights. The Pennsylvania worker’s compensation program is a state-mandated insurance program which provides reimbursement for lost earnings, medical treatment, vocational rehabilitation, as well as other benefits to eligible workers injured in the workplace.

Powell Law protects injured workers by helping them to assert their right to workers’ compensation benefits. After an on-the-job injury, a worker must follow certain procedures to file a successful claim. A mistake occurring during the application process may delay or prevent a worker’s claim from moving forward. One common mistake is failing to report the injury immediately after it occurs.

In Pennsylvania, a report of occupational injury or disease must be filed not before seven days but no later than ten days after the date of the injury except those cases that do not result in a disability. For this purpose, disability is defined as:

“(1) loss of time or wages beyond the day, shift, or turn in which the injury was received or (2) the loss or loss of use of a member or disfigurement which may qualify for a specific loss payment under section 306 of the act.”

Thus, any incident on which a claim for lost wages may be based should be reported within ten (10) days of its occurrence. Workers injured on the job should report the incident to their employer within 21 days of the accident in order to receive retroactive benefits. If notice is given more than 120 days from the date of injury, the result may be a loss of benefits unless the employer already knew of the injury.

It’s important to notify an employer via email, text or a recorded phone call rather than verbally to ensure that some record exists of the report. Also, an injured worker should keep management informed of the latest treatment and recovery developments.

A worker’s employee handbook is likely the best resource for learning how to report workplace accidents. Otherwise, anytime a worker suffers an injury, he or she should immediately inform management personnel of the incident and request to file a report, which should be completed in detail. Any worker who is unclear about this requirement should immediately contact a workers’ compensation attorney.

Since James Powell, Sr., founded Powell Law in 1906, our attorneys have represented all types of workers in workers’ compensation cases. Remember, you have 120 days to report your work injury! Our decades of experience make us the clear choice for representation in workers’ compensation cases in the Scranton/Wilkes-Barre and surrounding areas. We effectively help our clients throughout the entire workers’ compensation claims process. Contact Powell Law at (570) 961-0777. The consultation is FREE!

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