How often have you been injured at work and decided to take a “wait and see” approach? Unfortunately, that sometimes leads to worsening pain and the realization that you need medical attention.
By then, some time has elapsed since sustaining the injury, and you fear it may be too late to notify your employer. While it’s always best to report an injury right away, failing to do so doesn’t necessarily mean your claim will be denied.
Pennsylvania’s timelines
Pennsylvania has specific deadlines for reporting a work-related injury. The employee must notify their employer within 120 days of the incident, including the nature of the injury and how it occurred. There are a few reasons why an employee wouldn’t report their injury right away, such as fear of retaliation or believing that the injury isn’t that severe.
There are exceptions to the 120-day rule:
- If you have an occupational disease, you have 300 weeks from your last day of employment in the occupation where you were exposed to the harmful, disease-causing conditions.
- When an injury or illness isn’t immediately apparent, the 120-day notice period begins when you first realize or reasonably should have realized the connection between your workplace and the condition.
After notification, the employer must immediately inform their insurer of the injury. It also has seven days to provide a First Report of Injury to the PA Department of Labor if the injury results in any lost time.
If the insurer denies the claim, the employee must be informed within 21 days. At that point, you have three years from the date of your injury to file a claim petition with the Pennsylvania Bureau of Workers’ Compensation.
While you have 120 days to file a workers’ comp claim, it’s always best to report an incident immediately, even if it seems minor. This can help protect your rights and reduce the insurance company’s likelihood of denying your claim. Be sure to keep a copy of the incident report and documents related to medical treatment. If you encounter difficulties, you should contact someone who can guide the claims process.