Many people believe that since workers’ compensation is not handled through the courts, there are no strict filing deadlines. Our Philadelphia workers comp attorneys can tell you this is far from the truth. If you miss a filing deadline at any stage throughout the workers’ comp process, your claim can be denied, and you may be barred from receiving benefits going forward.
There’s a Big Difference Between Reporting Your Injury and Filing Your Workers’ Compensation Claim
It’s important to understand that there’s a big difference between reporting your injury and filing your workers’ compensation claim. The deadlines for doing these two things are completely different.
If you suffer a workplace accident, you only have 21 days to report the injury to your employer. As far as filing the actual workers’ compensation claim is concerned, you have three years from the date of your accident or injury.
You Must Report Your Injury to Your Employer Within 21 Days
One thing our Philly workers’ compensation lawyers always tell our clients is that they should report their injury within minutes of their workplace accident. While we do understand that there are times you may want to wait a day or two, there is never a good reason to do this.
If you fail to report your workplace injury within 21 days, your claim will be denied. Your Philly workers’ compensation lawyer can always appeal to the insurance carrier and get an extension, but they are under no obligation to approve your request.
If You Fail to Report Your Injury, Your Claim Will Be Denied
If you don’t report your injury in time, there is a very good chance your workers’ compensation claim will be denied.
This doesn’t mean that your Philadelphia workers comp attorney cannot appeal your claim. It just means that you’re making both your job and the job of your Philly workers’ compensation lawyer that much harder.
Your Philly Workers Compensation Lawyer Will Make Sure You Don’t Miss the Statute of Limitations Deadline
One of the reasons a lot of workers hire a Philadelphia workers comp attorney is because they don’t know how the workers’ comp system works. As you can see, there are several filing deadlines involved throughout the process.
One of the most important deadlines is the statute of limitations period. According to the laws in Pennsylvania, you have three years from the date of your accident or injury to file your workers’ comp claim.
This may sound like a lot of time and that’s because it is.
There Are Other Filing Deadlines Your Philly Workers Compensation Lawyer Must Meet
It’s important to remember that most workers’ compensation claims are approved the first time around. If a claim is denied, it is because there is either a clerical error, or the insurance carrier does not believe you meet the criteria for workers’ compensation benefits.
One of the good things about living in Philadelphia is that if your workers’ compensation claim is denied, or suspended, or your benefits are terminated, you have a second chance. Your Philly workers’ compensation lawyer can always appeal your claim in these situations.
If Your Claim is Denied, You Can File an Appeal at Any Time Within 3 Years
Now, if your workers’ compensation claim is outright denied, your Philadelphia workers comp attorney can file an appeal. Technically, you have three years from the date of your injury to do this.
Why anybody would want to wait that long to file their appeal is hard to imagine. Unless you are waiting for critical information from a doctor, there’s no justifiable reason to wait that long. Your Philly workers’ compensation lawyer will make sure your appeal is filed in a timely manner.
If Your Benefits Are Terminated, Your Philadelphia Workers Comp Attorney Can Apply to Have Them Reinstated
If your benefits are terminated for any reason, you do have the opportunity to file for reinstatement. In Philadelphia, you have up to three years from the date of your workplace injury to request a reinstatement.
In order to have your request granted, your Philadelphia workers comp attorney must show that your claim should not have been terminated in the first place. They may also have to show that you currently meet all of the criteria for workers’ compensation benefits.
How Long Can You Receive Workers Comp Benefits in Philadelphia?
One of the questions a lot of clients ask our attorneys is how long they can receive benefits. Every state is a little different when it comes to the duration of your workers’ compensation claim.
Under Pennsylvania law, you are entitled to receive workers comp benefits for up to 500 weeks. When you think about it, this is close to 10 years. It is very rare that anyone would continue to receive benefits for that long.
Your Philadelphia Workers Comp Attorney Will Ensure Your Benefits Are for the Correct Amount
When your claim is first approved, you’ll want to make sure you let your Philadelphia workers comp attorney know how much you are receiving. Your weekly benefits are supposed to be 2/3 of your average weekly wages.
When calculating your benefits, your employer must include all forms of income. They will then take your yearly average and multiply that amount by 66%. Whatever this amount is, you will be entitled to receive that much every week.
The Odds of You Staying on Workers’ Compensation for 500 Weeks Are Quite Low
We just want to take a moment to reiterate the fact that it is very unlikely that you’ll continue to receive workers’ comp benefits for the full 500 weeks.
Your Philadelphia workers comp attorney will work hard to negotiate a settlement on your behalf long before this time comes to pass.
Contact One of Our Philadelphia Workers Comp Attorneys Sooner Rather Than Later
If you get hurt on the job and believe you’re entitled to workers’ compensation benefits, it’s a good idea to contact our office sooner rather than later. You should take the time to sit down with one of our experienced Philadelphia workers’ compensation attorneys so they can review your claim.
Depending on the status of your claim when you meet with your lawyer, they can give you an idea of how best to proceed. If you’re concerned that you may miss a filing deadline, let your Philly workers’ compensation lawyer know immediately.
We do offer all new clients a free, initial consultation. This gives you the opportunity to meet with an experienced Philadelphia workers comp attorney free of charge.