Workers’ comp insurance has a strict reporting timeline for employees and employers. Employers are required by law to report a worker’s injury to worker’s compensation within a specific time. The time frame for reporting workplace injuries is between 7 and 10 days after the date of injury and within 48 hours of an injury resulting in death.
Similarly, injured employees should report an injury as soon as possible and give notice within 21 days of the injury to receive retroactive benefits. If notice is not given within 120 days, they may have forfeited their right to receive benefits.
If you were injured at work, a Philadelphia personal injury lawyer can assist you with filing a claim. The time limit for reporting and the requirements can be confusing, however, it is essential to comply with state workers’ comp laws. Understanding your rights is crucial to maximizing your claim following a work-related injury.
The Importance of Reporting of Workplace Injuries
Reporting an accident at work is a crucial first step. You will want to report a workplace injury immediately to secure your rights to compensation.
- Legal Requirements: You must report an occupational illness or injury within 21 days of the injury or of becoming aware of the injury. While written notice is not required, it is advisable. Employers then must make a workplace injury report to their workers’ compensation insurance.
- Employer Policies: Employers may have a list of designated physicians for the first 90 days of treatment for a workplace injury. If an employee fails to comply with this list, the employer may be relieved of its duty to pay for medical treatment for the first 90 days.
- Workers’ Compensation Claims: Workers’ compensation is state-mandated insurance. Employees and employers must meet Pennsylvania state-specific time limits for filing.
If your work injury happens due to a faulty product, consulting an attorney can help you determine other legal actions you can take to ensure you are fully compensated. Your lawyer can help you pursue a product liability or other personal injury claim against the responsible party.
What Happens if I Miss the Reporting Deadline?
There are two state deadlines that injured workers should be aware of. First, there is a 21-day deadline to report. If you do not report within 21 days you will not be eligible for retroactive benefits.
Second, you have a maximum of 120 days from the date of injury or becoming aware of the injury to report. Failing to report within this time may cause you to forfeit your eligibility for workers’ comp benefits.
It is essential to determine your reporting deadline and take immediate action. Failing to comply with these rules can result in claim denials, making a difficult situation all the more stressful.
Steps to Report a Workplace Injury
It is essential to take quick action following an occupational injury. Ensuring your health and safety and securing your right to benefits is crucial.
To report a workplace injury you should;
- Seek prompt medical attention.
- Take photos and videos of the accident scene and your injury, if possible.
- Notify the employer immediately, preferably in writing.
- Engage a lawyer to assist you with your claim.
- Your attorney will gather documentation to support your right to workers’ comp.
Why Timely Reporting Is Important for Work Injury
Timely reporting of your injury is not only critical to securing your right to benefits, but also important to your financial health. Prompt reporting can ensure that you receive weekly payments and medical bills reimbursement as soon as possible. Failing to report within the 21-day deadline could mean that you lose your right to retroactive payments for those lost wages.
What Are My Employer’s Responsibilities After Injury at Work?
Your employer must make an employee injury report to their worker’s compensation insurer within 7 days of the injury, or 48 hours of an injury resulting in death. They should also notify employees in writing of any approved physicians for the first 90 days of medical treatment.
The employer and their insurance carrier have 21 days to deny the claim, approve the claim, or provide a notice to temporarily stop compensation in order to extend the investigation window to 90 days. The employer must also use a statement of wages to calculate compensation and send this to the employee.
Contact a Work Injury Lawyer for a Free Consultation
If you were injured at work, The Law Offices of Greg Prosmushkin, P.C. can help. Our experienced work injury lawyer is dedicated to assisting you throughout the duration of your claim. From filing, to gathering evidence, to managing disputes over benefits we are with you every step of the way.
We can also assist with navigating complex cases, like if you were re-injured after returning to work or are dealing with employer retaliation. Protecting injured workers’ rights is our priority. Contact us today for a free case evaluation.