How Long Does it Take to Get Paid Your Workers’ Compensation Benefits in Pennsylvania
In Pennsylvania, the time it takes to receive workers’ compensation benefits varies depending on multiple factors, including the complexity of the claim, the extent of injuries, and the responsiveness of the parties involved. However, there are general guidelines and timeframes outlined in the Pennsylvania Workers’ Compensation Act.
Once a worker notifies the employer of a work injury, the employer’s workers’ compensation insurance carrier has 21 days to accept, deny, or temporarily accept the claim pending investigation. If the claim is accepted, wage loss benefits should also begin within 21 days from the date the worker provided notice of the injury to the employer.
If the claim is denied or disputed, the process may take longer as it can involve hearings, appeals, or negotiations between the parties involved. In such cases, injured workers should immediately call Martin Law to ensure their rights are protected and to navigate the complexities of the workers’ compensation system.
Overall, the timeframe for receiving workers’ compensation benefits in Pennsylvania varies significantly depending on the circumstances of each case, but there is framework to ensure that injured workers promptly receive compensation for their injuries and related expenses.
The Process of Receiving Workers’ Compensation Benefits in Pennsylvania
Reporting the Injury: As soon as you are injured on the job, you should report the injury to your employer, even if the injury does not cause you to miss time from work. Under the Pennsylvania Workers’ Compensation Act, you have up to 120 days to report your injury to your employer. However, if you do not provide notice within 21 days, you will only be entitled to recover workers’ compensation benefits from the date you gave notice. Failure to provide notice within 120 days will prevent you from collecting any workers’ compensation benefits.
Employer Notification to Insurer: Once you report the work injury to your employer, your employer is responsible for notifying its workers’ compensation insurance carrier. The insurance carrier then initiates an investigation into the claim.
Acceptance or Denial of the Claim: Within 21 days of receiving notice of your injury, your employer’s workers’ compensation insurance carrier must either accept, deny, or temporarily accept the claim pending further investigation. The employer or its carrier may also choose to accept your claim for the payment of medical expenses but deny your claim for wage loss benefits.
Commencement of Benefits: If the claim is accepted, the injured worker should begin receiving workers’ compensation benefits shortly thereafter. These benefits may include payment of reasonable and necessary medical expenses related to the injury, as well as wage loss benefits if the injury results in a loss of earnings. In general, wage loss benefits should begin no later than 21 days after notice is provided to the employer. With regard to medical expenses, the employer or its insurance carrier must make payment within 30 days of receiving the medical bills and documentation.
Denied Claims: If you do not receive benefits within 21 days of providing notice or you receive a Notice of Compensation Denial, you should contact Martin Law immediately to assist you in filing a claim. Also, if your employer does not pay you and you do not receive a Notice of Compensation Denial within 21 days, Martin Law will assist you with filing a “Penalty Petition.” Under certain circumstances, penalties may be awarded to injured workers for the employer’s violation of the Workers’ Compensation Act.
Legal Representation: After suffering a work injury, your best choice is always to be represented by an experienced attorney. It is extremely important to know your rights when it comes to workers’ compensation benefits. Especially because your employer is most likely going to have a better understanding of the system than you. In order to ensure you are treated fairly and receive all the benefits you are entitled to under the law, you should consult with Martin Law and obtain solid legal advice from the beginning. Additionally, the Pennsylvania Workers’ Compensation system is complicated. The filing of a Workers’ Compensation Petition with the Bureau of Workers’ Compensation begins the legal process of litigating workers’ compensation claims. There are many different types of petitions, all of which involve a serious legal dispute that requires the immediate attention of an attorney. The current practice of workers’ compensation law rests upon complicated statutes and regulations, and often difficult court hearings. As such, it is not only important to be represented by an attorney in your workers’ compensation case, but by an attorney whose practice is devoted to representing injured workers. Contact Martin Law as soon as you are injured.