If you get injured in a workplace accident in Pennsylvania, you may be entitled to no-fault benefits through the state’s workers’ compensation system. This system was designed to prevent injured workers from having to go through a lengthy legal process to recover compensation for their medical bills and lost wages. How long your case takes will depend on the circumstances.

Average Timeline of a Pennsylvania Workers’ Comp Case

Every workers’ compensation case is unique. There is no set amount of time that applies universally to every case. However, certain steps are involved in filing any workers’ compensation claim in Pennsylvania. Understanding what goes into filing a claim can help you gain a better understanding of how long it may take.

The basic process of a Pennsylvania workers’ comp case is as follows:

• Within 21 days of the accident or injury discovery: notice of injury must be given to the employer. If an injury is not reported within 120 days, no compensation is allowed.
• Within 2 to 7 days of being notified: an employer must file a First Report of Injury Form within 2 days if an injury results in death or 7 days for all other injuries.
• Within 21 days of being notified: the employer or insurance carrier must give a notice of workers’ compensation denial, acceptance, or issue a Notice of Temporary Compensation Payable and extend the investigative period to 90 days.
• Within 7 days of a return to work: if an employee returns to work after being injured, an insurance carrier may file a Notice of Suspension or Modification within 7 days of this return.
• Within 3 years from the date of injury: if an employee wishes to file a claim petition, he or she must do so within 3 years of the date of the accident or reasonable injury discovery.

If a workers’ compensation case must be litigated, meaning it cannot reach an out-of-court settlement, reaching a resolution will take longer. A workers’ compensation or work injury lawsuit could take one year or longer from start to finish, depending on the complexity of the case and how busy the local courthouse is at the time.

The Importance of Taking Your Time With a Workers’ Comp Settlement 

If you get injured in the workplace, report your injuries as soon as possible to initiate the workers’ compensation claims process. Your employer will then have seven days to file a claim, followed by an insurance company having three weeks to come to a decision or request a 90-day extension. This means it can take an average of about one to three months to receive your first settlement check. However, every case is different. 

It is important not to rush into a workers’ comp settlement. Once you accept a settlement, you generally cannot reopen the case or negotiate for a larger amount, even if you discover that your injuries will cost more than you initially realized. Accepting a settlement also forfeits your right to sue your employer for negligence – a type of lawsuit that could result in greater compensation than workers’ comp.

Instead of accepting the first settlement offer, contact a Pittsburgh workers compensation attorney to discuss your case. An attorney can take over your claim for the most effective and efficient legal process possible.