Wilkes-Barre workers’ compensation attorneys at Comitz Law Firm, LLC, provide answers to frequently-asked questions about workers’ compensation claims.
How long do you have to file a claim?
You should immediately report any work-related injury or illness to your employer or supervisor. You have 120 days to notify your employer.
You have 3 years from the day you were injured to file a workers’ compensation claim petition to preserve your rights under Pennsylvania’s workers’ compensation laws.
Can your claim be denied if you fail to report the injury on time?
Yes, if you do not notify your employer within 120 days of your injury or illness, you will not be eligible to receive workers’ compensation benefits.
Can your employer fire you for filing a workers’ compensation claim?
No, your employer cannot fire you for filing a workers’ compensation claim. But, it is possible that you may be fired for other reasons, including an extended absence from work even if it is because of your injury.
Unfortunately, your job is not necessarily protected while you are out of work with your injury. Your employer may try to force you to take a light-duty job or terminate you (even without cause). In that case, the workers’ compensation insurance company will have to continue to pay your benefits and payments until you recover from your work-related injury and are able to find another job.
What if your employer refuses or fails to file an incident/accident report for your injury?
If your employer refuses or fails to complete and file an incident or accident report on your behalf, you may file a claim petition for workers’ compensation payments. Afterward, you will need to go to a series of hearings before a workers’ compensation judge.
What should you do if your workers’ compensation claim was denied?
If you were denied workers’ compensation benefits even though you are hurt and unable to work, it is imperative that you contact a lawyer right away.
If have additional questions about claims, contact our workers’ compensation lawyers to schedule a free consultation, or call us, toll-free, at (855) 589-9458.