If you’ve been injured in Pennsylvania, properly filing a workers’ compensation claim is essential to protecting your rights and securing the benefits you deserve. The experienced Pennsylvania workers’ compensation lawyers at Munley Law have guided thousands of injured workers through this process, ensuring they receive proper medical care and fair compensation.
Injured at work? Contact Munley Law for immediate guidance from a skilled Pennsylvania workers’ compensation attorney.
Immediate Steps to Take After a Workplace Injury in PA
Your actions immediately following a workplace injury significantly impact your workers’ compensation claim. Pennsylvania law requires you to notify your employer of a work-related injury within 120 days, but for best results, you should report the injury immediately or within 24 hours if possible. Always notify a supervisor or manager, not just a coworker, and document who you informed and when. Include all details about how the injury occurred and request a copy of the injury report for your records. Failure to properly report your injury within the required timeframe may result in the denial of your workers’ comp benefits.
After reporting your injury, seek immediate medical attention. Tell the doctor your injury is work-related, follow all medical advice and treatment plans, and keep records of all medical visits, diagnoses, and treatments.
Maintaining thorough documentation strengthens your claim. Take photos of visible injuries and the accident scene if possible, collect names and contact information of witnesses, save copies of all medical records and bills, keep a journal of symptoms and how they affect your daily activities, and maintain records of all communications with your employer and their insurance carrier.
The Pennsylvania Workers’ Compensation Claim Process
After you report your injury, your employer must notify their workers’ compensation insurance carrier and file a First Report of Injury with the Pennsylvania Bureau of Workers’ Compensation. The insurance carrier then has 21 days from receiving notice to investigate your claim and make a decision. They will either accept your claim by issuing a Notice of Compensation Payable or deny it by issuing a Notice of Compensation Denial.
If your claim is accepted, medical benefits should begin immediately, while wage-loss benefits start after you’ve been disabled for more than seven calendar days. If your disability lasts over 14 days, you’ll receive retroactive payment for those first 7 days. Benefits should continue as long as you remain disabled and under treatment.
During your workers’ compensation claim, you may be required to attend an Independent Medical Examination (IME) with a doctor chosen by the insurance company. These doctors often minimize injuries or attribute them to pre-existing conditions. Having a skilled Pennsylvania workers’ compensation lawyer present during these examinations can help protect your rights.
Common Forms in the Workers’ Compensation Process
Throughout your workers’ compensation claim, you’ll encounter various official forms. The most important include:
- First Report of Injury (LIBC-100): Filed by your employer to report your injury
- Notice of Compensation Payable (LIBC-501): Confirms your claim is accepted and establishes benefits
- Notice of Temporary Compensation Payable (LIBC-502): Provides temporary benefits during the investigation
- Notice of Compensation Denial (LIBC-496): Rejects your claim with stated reasons
- Employee’s Claim Petition (LIBC-362): Used to file a claim if your employer fails to report your injury
Responding promptly to any forms sent to you for completion is essential, as delays can affect your benefits. Your Munley Law attorney can help you understand and complete any required paperwork properly.
What If My PA Workers’ Comp Claim Is Denied?
If your claim is denied, you can appeal by filing a claim petition with the Bureau of Workers’ Compensation. This petition must be filed within three years of your injury date. The petition process includes hearings before a Workers’ Compensation Judge where both sides present evidence, including medical testimony.
The appeal process typically involves:
- Filing a claim petition
- Attending mediation (in most cases)
- Presenting evidence at hearings
- Receiving a Judge’s decision
- Further appeals, if necessary (to the Workers’ Compensation Appeal Board)
This process can be complex and time-consuming, often taking several months to complete. Having experienced legal representation significantly improves your chances of a successful appeal.
If your employer fails to report your injury altogether, you can file a claim petition directly with the Bureau of Workers’ Compensation. These cases often become complex and typically require legal representation to navigate successfully.
Am I Covered Under Workers’ Compensation in Pennsylvania?
Nearly all Pennsylvania employers are required to provide workers’ compensation coverage for employees. This includes full-time workers, part-time workers, seasonal employees, minors, undocumented workers, and most contractors, depending on their classification. Coverage begins on your first day of employment—there is no waiting period.
Some workers fall outside the Pennsylvania Workers’ Compensation Act’s protection:
- Independent contractors
- Federal employees
- Railroad workers
- Maritime/harbor workers
- Agricultural workers who work fewer than 30 days or earn less than $1,200 annually
- Domestic workers
- Casual employees
- Volunteers
Unsure if workers’ compensation covers you? Contact Munley Law for a free evaluation of your employment status.
What Happens If My Employer Doesn’t Report My Workplace Accident?
Unfortunately, some employers fail to report workplace injuries to avoid increased insurance premiums. If your employer refuses to file a workers’ compensation claim, discourages you from reporting an injury, threatens retaliation for filing a claim, or claims your injury isn’t work-related, you have options.
You can file a claim petition directly with the Bureau of Workers’ Compensation, pursue penalties against your employer for law violations, and seek legal representation to protect your rights. Pennsylvania law prohibits employers from retaliating against employees who file workers’ compensation claims.
Employers who violate workers’ compensation laws may face:
- Penalties of up to $500 for each day of violation
- Payment of your attorney’s fees
- Criminal charges for serious violations like failure to maintain required insurance
Why Choose Munley Law for Your Pennsylvania Workers’ Compensation Claim
The Pennsylvania workers’ compensation lawyers at Munley Law have represented injured workers since 1959. Our team offers free initial consultations to evaluate your claim, and we do not collect a fee unless we obtain benefits. We have extensive experience with complex workers’ compensation cases and a dedicated team that handles all paperwork and deadlines. Our skilled negotiators work to maximize your benefits, and our trial-tested attorneys are ready to appeal denied claims.
We understand the physical, emotional, and financial toll workplace injuries take on workers and their families. Our mission is to ease your burden by securing the benefits you deserve while you focus on recovery. From the moment you contact our office, you’ll work directly with an experienced attorney who will guide you through every step of the process, answer your questions, and keep you informed about the status of your claim.
Don’t navigate the workers’ compensation system alone. Contact Munley Law today for a free consultation with an experienced Pennsylvania workers’ compensation lawyer who will protect your rights every step of the way.
