States have standard timelines for workers’ compensation payments, but the process can take longer for various reasons. Much depends on how the claim is filed and whether or not it is contested. Anyone injured on the job who needs the benefits quickly will want to know how long the payments take.
Pennsylvania has a waiting period that claimants must face before they are entitled to receive benefits. That can be difficult when there are bills to pay, but it is necessary for determining compensation eligibility. During this time, the employer and insurer investigate the claim, handle administrative issues, and speak to your medical providers.
Except for progressive diseases like mesothelioma, employee injuries and illnesses must be reported to employers within 21 days after the accident or when the employee becomes aware of a work-related illness. The employer must immediately report this to the insurance provider and file a First Report of Injury with the state’s Bureau of Workers’ Compensation.
Once the report is filed, the 21-day waiting period begins. You should receive a Notice of Compensation Payable if your claim is approved. The checks should start coming in around the 28th day following your injury. You will also receive retroactive payments if you miss more than 14 work days.
What if My Workers’ Compensation Claim Is Denied?
When workers’ compensation claims are denied, the 21-day waiting period ends with a Notice of Workers’ Compensation Denial sent to the employee. This closes the claim, but the injured employee can use legal measures to challenge the decision.
Employees can challenge workers’ compensation denials by filing a Claim Petition. The judge may schedule mediation, an informal conference, or a settlement discussion.
Once the judge decides, either party can challenge within 20 days through the Workers’ Compensation Appeal Board. The timeline lengthens to another 30 days if either party is unsatisfied with the Board’s decision. Within that period, an appeal can be filed with the Commonwealth Court of Pennsylvania. If there is still a lack of agreement, the next step would be filing a Petition for Allowance of an Appeal with the Pennsylvania Supreme Court within 30 days.
A Downingtown Workers’ Compensation Lawyer at Wusinich, Sweeney & Ryan, LLC Can Fight to Protect Your Rights After a Work Accident
Work-related injuries and illnesses can be traumatic and debilitating, but the situation can worsen when compensation is challenged. A skilled Downingtown workers’ compensation lawyer at Wusinich, Sweeney & Ryan, LLC may be able to help with your claim, and we offer free consultations. To learn more, call us at 610-594-1600 or complete our online form. Located in Exton, Pennsylvania, we serve clients in Downingtown, West Chester, Coatesville, Phoenixville, Malvern, Lyndell, Wagontown, Uwchlan Township, Parkesburg, Chester Springs, Lancaster County, Reading, and Morgantown.
