How to File a Workers' Compensation Claim in Pennsylvania
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Hurt on the job in Delaware County or elsewhere in Southeast Pennsylvania? You must take immediate action to protect your rights and your interests. At Schmidt, Kirifides, Rassias & Rio, we help injured workers get their full and fair benefits. Our workers’ compensation lawyers guide you on filing a claim in Delaware County (Delco) and throughout Pennsylvania.
The Starting Point: Get Medical Care and Report Your Accident
Workers’ comp claims are time sensitive. You need to get immediate medical care. Your health and safety are the highest priority. You must also tell your employer through your supervisor or the HR department as soon as possible. The Pennsylvania Department of Labor and Industryexplains that you must report the injury within 21 days to receive full benefits. If you wait more than 120 days, you may completely lose your right to workers’ comp. Do not wait to get started.
Confirm That Your Employer Files a Workers’ Comp Report
Your employer must file the proper report after you notify them of your job-related accident. Indeed, your employer should file a First Report of Injury with their workers’ compensation insurance. You can and should ask for a copy of this report. Be sure to follow up to make sure it was submitted. If your employer refuses to report the injury, they are breaking the law. Contact a Delaware County workers’ comp lawyer right away.
Confirm the Insurer’s Response
After you report the injury, confirm how the insurer is responding and keep the written notices. A claim may be accepted without a hearing. If benefits are denied or disputed, a claim petition may be needed to seek an award from a Workers’ Compensation Judge.
From there, you should wait for a decision. The workers’ comp insurance company has 21 days to approve or deny your claim. If approved, you will start receiving benefits. If denied, they must send you a Notice of Denial. You should keep all the paperwork if your claim is rejected.
Challenging an Initial Workers’ Comp Denial
An insurer’s initial denial can be challenged through a claim petition before a Workers’ Compensation Judge. That is different from appealing a judge’s decision to the Workers’ Compensation Appeal Board. Get advice promptly about the appropriate filing and deadline.
Speak to Our County Workers’ Comp Lawyers in Delco Today
At Schmidt, Kirifides, Rassias & Rio, our workers’ compensation attorneys stand by, ready to protect your rights and interests. If you have any questions about how to file a workers’ comp claim, we are here to help. Contact us right away for a free, no-obligation case review. We provide workers’ comp representation throughout Delaware County, including Chester, Upper Darby Township, Drexel Hill, Radnor Township, and Ridley Township.