The Early Phase of a Workers’ Compensation Claim

How a Workers’ Compensation Claim Moves Forward

In Pennsylvania, as in other states, when you have been hurt at work, you have the right to pursue benefits under the state’s workers’ compensation laws. It’s important, though, that you take the right steps when filing a claim, or you could lose your right to benefits. An experienced attorney can make sure you meet all the requirements in a timely manner.

The Initial Stages of the Workers’ Compensation Process

As soon as possible after a workplace injury, you should provide your employer with notice that you have been hurt on the job. If your injury requires immediate medical attention, get treatment first. Under the law, you must report an injury within 21 days of the accident that caused the injury, or of your discovery of a work-related injury. If you fail to notify your employer within 120 days, you will be disqualified for benefits, unless you have a progressive disease.

Once you notify your employer, your employer must report the injury to their workers’ compensation insurance carrier. The employer must also file a “First Report of Injury” with the bureau of workers’ compensation within 48 hours of any work-related death, or seven days of any work-related injury.

Within 21 days of the date that the employer notifies the workers’ compensation insurance provider, the insurance company will either:

  • Deny the claim and issue a Notice of Workers’ Compensation Denial, or
  • Issue a Notice of Temporary Compensation Payable, or
  • Issue a Notice of Compensation Payable, or
  • Accept the claim and issue an Agreement for Compensation

If the insurance company accepts the claim, the Agreement for Compensation is filed with the bureau of workers’ compensation. The employer then prepares a Statement of Wages, which is used to calculate the benefit paid.

Contact the Law Offices of Adam M. Kotlar

For information about workers’ compensation benefits or workers’ compensation appeals, or to discuss your specific work-related injury with an experienced New Jersey workers compensation attorney, please call us for a complimentary consultation at Local # :(856) 751-7676.

You can also fill out our online intake form.