If you get hurt in an accident at work or are diagnosed with an illness connected to your job in Pennsylvania, you may be eligible for monetary relief through a workers’ compensation claim. While you do not have to prove fault to recover workers’ compensation benefits, you must take all of the correct steps to have a valid and successful claim.
Report of Injury
The first step you should take after ensuring your physical safety is to report the injury or illness to your employer. The Pennsylvania Workers’ Compensation Act requires a report of injury to be made within at least 120 days of the worker discovering an injury or illness.
Note that in Pennsylvania, the date that you report your injury can determine when your workers’ compensation benefits begin. If you report it within the first 21 days, you will receive benefits from the date that you sustained or discovered the injury. If you report it after the first 21 days but within the 120-day limit, benefits will begin from the date of your report.
It is in your best interest to report a work-related accident, injury or disease as soon as possible to a supervisor, manager or the Human Resources Department at your job. This can ensure important evidence to support your claim is still available. Write down who you spoke to and request an accident report for your records.
Medical Care and Documentation
Your number one priority throughout the claims process should be your physical health and well-being. Always get professional medical care after a workplace injury in Pennsylvania. You need official medical records to document and prove your injury to an insurance provider. In an emergency, you are able to visit any medical center near you for treatment. For non-emergency treatment, you must choose from a list of employer-approved health care providers.
File the Claim
After you notify your employer of the injury or illness, the employer is legally required to report it to the Pennsylvania Department of Labor and Industry within three days of you missing work because of the incident, using the First Report of Injury form. The insurance company that receives the form will then have 21 days to issue a notice of whether it accepts or denies your claim.
Appeal a Denied Claim
If your claim is accepted, the acceptance letter will provide a Notice of Compensation Payable. You may be eligible for financial benefits that cover your past and future related medical care, around two-thirds of your lost wages, disability benefits and death benefits for a deceased loved one.
If your claim is denied, the Notice of Denial will state the reason. You will have the right to file an appeal with the Workers’ Compensation Appeal Board. You must submit the appeals paperwork (by mail or electronically) within 20 days of receiving the decision.
Do I Need a Workers’ Compensation Lawyer?
If your case involves any challenges, it is important to hire an experienced workers’ compensation attorney in Pittsburgh for legal representation. If you suffered a catastrophic workplace injury, for example, or a loved one died in a fatal work accident, an insurance company may not offer financial compensation without a lawyer negotiating on your behalf.
If your workers’ comp claim gets denied, you may also need an attorney to help you with the complex appeals process. Discuss a specific workers’ compensation claim with a specialized Pittsburgh personal injury attorney near you at no cost or obligation today. Contact Dallas W. Hartman, P.C.