Do You Need to Report a Work Injury to Your Employer in Pennsylvania?

Legal Requirements for Reporting a Work Injury in Pennsylvania

In Pennsylvania, the legal requirements for reporting a work injury are spelled out in the Workers’ Compensation Act. This act stipulates that you need to notify your employer of any injury that occurred during work hours within 120 days of the incident. Although you are given 120 days to report, you are advised to report by 21 days in order to receive benefits that would date back to the day you were hurt.

The reason this deadline was put into effect is to provide employers and the workers’ compensation carrier with enough time to investigate the claim. This also helps with retaining evidence such as surveillance footage or witness testimony.

The Difference Between Notice and Filing a Formal Claim

The first thing you need to do after a workplace injury is to seek medical attention. Once you understand the full scope of the injury and your prognosis for recovery, you can notify your employer of the injury.

As stated above, the notification requirement for your employer is 120 days. That puts them on notice that the injury occurred. Once they have that notification, your employer is obligated to submit a First Report of Injury to the Pennsylvania Bureau of Workers’ Compensation.

This is also when you file your initial workers’ compensation claim. Typically, your claim will be approved or denied quickly. If it is denied, you are entitled to file a formal workers’ compensation claim petition with the PA Department of Labor & Industry.  You have 3 years from the date of the injury to file that formal claim. If your injury is an occupational issue like a repetitive stress injury, the three years would begin on the day you were diagnosed.

Once you file the petition, you’ll trigger a process that results in a hearing before the Worker’s Compensation Judge to determine if your denial should be overturned.

Making sense of all these different departments and filings can seem overwhelming. That is why you need to retain the services of a skilled workplace injury attorney who knows the rules and regulations inside and out.

When to Consult a Pennsylvania Work Injury Attorney

There could be a scenario where your employer will discourage you from submitting a workers’ compensation claim. They might downplay the injury or give you a day off to “feel better.” That should not be acceptable to you.

The same can be said if your claim is denied. At that point, you’re entitled to file an appeal so that you can present your case to an independent panel. You’ll want to be represented by an attorney at that appeals hearing. This is someone who can advocate for your position that your injury took place during your work shift and that your injuries are genuine.

The legal team at Laffey Bucci D’Andrea Reich & Ryan has helped many injured workers in this exact type of situation.

We bring decades of combined experience into every work injury claim. We’ve been before the workers’ compensation appeals board on numerous occasions and understand exactly what is needed to prevail. When we sign on to help, it is because we’re confident of the outcome.

If you’ve been injured on the job and need to file a workers’ compensation claim, let’s talk.

You can schedule a free consultation today to get all your questions answered.

You don’t want to put your benefits at risk.