What are the Time Limits for a Workers’ Compensation claim
Notice of Injury
An employer is not obligated to provide Workers’ Compensation benefits to an injured employer until it has notice of the injury. You must give notice of your work-related injury no later than 120 days after the accident. When an employee claims lost wages as a result of those injuries, the employer has 21 days from the date of notice of the accident and injury to accept or deny the claim. The employer may choose within the 21-day period to begin temporary payments of workers’ compensation benefits, but reserve the right to deny the claim within an additional 90 days.
If your employer or your employer’s insurance company denies your request for Workers’ Compensation benefits, you must file a Claim Petition within three years from the date of injury. In the case of an occupational disease, your disability must occur within 300 weeks from the date of your last employment in an occupation in which you had exposure to a hazard and a Claim Petition must be filed no later than three years from the date of disability. Failure to file a timely Claim Petition may result in forfeiture of your right to benefits.
Petition to Reinstate Benefits
If your benefits were terminated, you may file a Petition to Reinstate wage-loss benefits within three years after the date of your most recent wage-loss payment. If your benefits were suspended or modified, you may file a petition to have benefits reinstated within 500 weeks from the date of suspension or modification.
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Pearson Koutcher Law
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Philadelphia, PA 19103