Understanding The Workers’ Compensation Process In Pennsylvania
Workers’ compensation is a great option after a workplace injury. However, to be eligible for workers’ compensation after a job-related injury, you must follow the correct application procedures. Otherwise, your claim will be denied, no matter how much you deserve to receive the benefits.
At Belt Law Firm, P.C., we are attorneys who have practiced Pennsylvania workers’ comp law for more than 40 combined years. We have guided thousands of workers through applications and appeals, and we know the process thoroughly.
Providing Notification To Your Employer
Every workers’ compensation claim in Pennsylvania must start with informing your employer. In fact, you have 21 days from the date you suffered or discovered your injury to let your employer know about it and still get full benefits. If you report a potential claim after 21 days have passed (but before 120 days), you can still get approved, but only for benefits going forward from the date you reported. You will not be eligible for retroactive benefits that cover you back to the date of your injury. You can make the report orally or in writing, as long as it is to a manager, supervisor or someone else in a superior position at your job.
What Happens After You Provide Notice To Your Employer?
Once your employer receives the notice of your workplace injury, they must report your incident to the company’s workers’ comp insurance provider. The insurance company has 21 days to accept or deny your claim. The insurance company can also request a 90-day extension to further investigate your claim. If your claim is denied, then you can file an appeal. You have three years from the date of your injury to file an appeal for a denied claim.
What Sorts Of Documentation Should You Provide?
Documentation is important for your workers’ compensation claim. All the details concerning your accident or incident should be carefully recorded. In addition, any efforts to seek medical treatment should also be well-documented. It is important to keep copies of any and all medical records and reports. It is also important to keep copies of any communications related to your incident or injury. This includes emails to your employer concerning your accident. Providing thorough documentation can help in the event that your claim is denied or delayed for some reason.
Your Options For Medical Treatment And Care
When you are ready to begin treatment for your injury, it is important to see an approved provider. Your employer is required by law to provide you with a list of at least six health care providers. At least three of these providers must be qualified physicians. The health care providers on the list should also be reasonably close and accessible to you.
If the list meets the legal requirements, you must choose one of them and go to that provider to treat your work injuries for at least the first 90 days after your accident occurred. However, there are a few limited exceptions to this requirement. For example, if one of the approved providers refers you to a different nonapproved provider, then you can pursue treatment with the nonapproved provider. Sometimes, injured workers need a specialist. If you need a specialist who is not included on the employer’s list, then you might still be able to pursue treatment from a specialist who is not on the approved provider’s list.
Returning To Work: Is It OK To Return To Work After A Workers’ Compensation Claim?
It is important to work closely with your health care provider as well as your employer to ensure that any attempts to return to work are done so safely and within your physical capacity. For example, as you are recovering from a workplace injury, it might be necessary to return to work in a restricted or light-duty capacity before you can fully resume your regular duties.
Always follow your medical provider’s advice and instructions. It isn’t worth it to risk further injury to yourself by attempting to do more than you are capable of doing.
Consult A Pennsylvania Workers’ Comp Lawyer For Free
We have practiced workers’ compensation for more than 40 combined years. We are prepared to guide you through the workers’ comp process to help you fight for the benefits you need and deserve. For a free, no-obligation consultation, call Belt Law Firm, P.C., at 570-714-3343 or use our online form. We represent workers in Wilkes-Barre, Kingston and Hazelton.