Filing a workers’ compensation claim is a time-bound process in Pennsylvania. If you fail to file the claim in a timely manner, your benefits could be delayed, or you might lose your right to seek benefits altogether.
In some cases, the claim process might be delayed due to the negligence or deliberate inaction of your employer. What can you do in such cases? Let us take a look.
How Does Workers’ Compensation Claim Process Work in Pennsylvania?
Under Pennsylvania law, you are required to inform your employer about your injury or illness within a span of 120 days from the date of your injury or the day on which you were diagnosed with the illness.
Once reported to your Employer’s workers’ compensation carrier, the assigned adjustor has twenty-one (21) days to either accept or deny your claim.
The Employer’s Role in Workers’ Compensation Claim Process
Once you inform your employer about the workplace accident and the injuries you sustained, they are required to file a First Report of Injury (FROI) with the Bureau of Workers’ Compensation. They are also required to file a report with the insurance company. This is an important step, as the sooner your employer files the report, the sooner the workers’ compensation carrier can decide as to either accept or deny your claim.
How Do I Know If My Employer Reported My Workers’ Compensation Claim?
Under Pennsylvania law, the insurance company is required to accept or deny your workers’ compensation claim within a span of 21 days from the date on which it was filed. So, if there is no response to your claim within 21 days, it is safe to assume that your employer may have failed to file a report with the insurance company. If you do not receive any response within this timeframe, you should follow up with your employer to see if they in fact reported your work injury.
Why Would My Employer Fail to Report My Claim?
There are many reasons why your employer might fail to report your injury to the Bureau of Workers’ Compensation and the insurance company. These include:
- Your employer might think that your injuries are not serious enough to qualify for a workers’ compensation claim.
- Your employer might not want their insurance rates to go up, or they might not have workers’ compensation insurance, in violation of PA state law.
- Your employer might think that you are not eligible to receive workers’ compensation benefits due to the circumstances under which the workplace accident happened.
- By delaying to file the claim, your employer might trick you into using your own healthcare plan for treatment.
- Your employer might deliberately delay the claim process in order to force you to give up the claim.
Remember – your employer is legally obligated to report your injuries to the Bureau of Workers’ Compensation and their workers’ compensation carrier. If they fail to do so – for whatever reason – they are in violation of the state’s laws and can be held accountable.
How a Workers’ Compensation Attorney Can Help You?
Even if your employer fails to report your injury or illness to the Bureau of Workers’ Compensation and the insurance company in a timely manner, you can still pursue the benefits that you may be entitled to. An experienced Pennsylvania workers’ compensation attorney can guide you through the process and make sure you are not deprived of your benefits as a result of your employer’s negligence.
Choose a Workers’ Compensation Attorney You Can Trust
If you have been injured or disabled as a result of a workplace accident, and if your employer has failed to file your claim, Pennsylvania worker’s compensation lawyer Paula Robinson, Esq. can help you.
For over three decades, Paula Robinson, Esq. has been a fierce advocate for workers’ rights and has represented scores of injured and disabled workers in workers’ compensation cases.
Having worked as a defense attorney in workers’ compensation cases, Paula Robinson, Esq. is well aware of the arguments and strategies used by insurance companies to undervalue, discredit, or deny workers’ claims. She can fight for you aggressively and make sure you receive the maximum amount of compensation that you are entitled to under the law.
Call Robinson Law LLC today at 215-530-7166 or 570-855-9475 for a free and confidential consultation with Paula Robinson, Esq.