Workers' comp deadlines in Pennsylvania: tell your employer and file

Tell your employer in Pennsylvania

Time limit

21 days

Counted from

The date of the injury (for an occupational disease, or when you did not know the injury was related to work, from the date you knew or should have known about the injury and its possible link to your job)

In writing?

The law does not require writing

If you are late

Notice after 21 days delays benefits until the date you give notice. No notice (and no employer knowledge) within 120 days after the injury bars compensation.

Illness that develops over time

For an occupational disease, the 'injury' is the disability caused by the disease, and the notice period does not start until you know, or reasonably should know, that you have the condition and that it may be related to your work. The disability must occur within 300 weeks after your last work in a job where you were exposed to the hazard.

Report the injury to your employer or supervisor right away, and tell them the date and place it happened. If your employer already knew about the injury, that counts. If you give notice within 21 days after the injury, benefits are due from the start. If you give notice later, no compensation is due until notice is given. If notice is not given within 120 days after the injury, no compensation is allowed.

Law: 77 P.S. § 631 (Workers' Compensation Act § 311); § 301(c)(2)

Source: pa.gov

File your claim in Pennsylvania

Time limit

3 years

Counted from

The date of injury (or, if compensation was paid, the date of the most recent payment)

What to file

Claim Petition for Workers' Compensation (LIBC-362), filed with the Workers' Compensation Office of Adjudication through WCAIS or by mail (needed if your employer or its insurer denies the claim or stops temporary payments)

Who files it

You report the injury to your employer. Your employer reports the injury to its insurer, and the insurer accepts or denies the claim. You file a Claim Petition with the Office of Adjudication only if the claim is denied or payments stop.

Source: no state form is required for this

What your employer must do

Your employer must report the injury to its insurer immediately. Once you lose a day, shift or turn of work, your employer must file a first report of injury with the Bureau. Your employer must give you written notice of your rights and duties about medical care at the time of injury or as soon as practicable.

When the insurer decides

The insurer has 21 days from your notice of disability to accept or deny the claim, or to start paying temporary compensation. Temporary compensation can be paid for up to 90 days without accepting the claim, and it can stop at any time during that period. If the claim is denied, the insurer must send you a written notice explaining why.

Illness that develops over time

For an occupational disease, the injury/disability must occur within 300 weeks after your last exposure at work, and a petition must be filed no later than 3 years after the date of injury/disability.

Your employer's insurer is supposed to start payments or deny the claim after you report the injury. If the claim is denied, or temporary payments stop, you can file a Claim Petition. A claim is barred unless, within 3 years after the injury, you and the employer have agreed on compensation or a petition has been filed. If compensation was paid, the 3 years run from the most recent payment.

Law: 77 P.S. § 602 (Act § 315)

Law: 77 P.S. §§ 717.1 (Act § 406.1), 994 (Act § 438)

Source: pa.gov

Waiting period and first payment in Pennsylvania

Waiting period

Wage-loss benefits are not paid for the first 7 days of disability. The 7 days are calendar days, including weekends. Benefits are payable from the eighth day. Medical benefits are paid from the first day.

Paid back for the waiting days

If your disability lasts 14 days or more, you are also paid for the first 7 days.

First payment

The first payment is due no later than the 21st day after your employer has notice or knowledge of your disability. After that, checks come on a regular basis. Interest of 10% a year is added to unpaid compensation that is due.

How often you are paid

Regular installments (usually weekly or every two weeks)

Law: 77 P.S. §§ 514 (Act § 306(e)), 717.1 (Act § 406.1)

Source: pa.gov

Deadline helper

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