Do I Need To Give Written Notice Of My Pennsylvania Workers Comp Injury To My Employer?

No.  Written notice of a PA Work Injury is not required. However, it will serve to protect you against a notice defense.  An injured worker has a maximum of 120 days to give notice (verbal or written) of his/her work injury to the employer. In many cases, an injured worker in Pennsylvania will testify that he/she gave verbal notice, only to have the supervisor or manager testify in court that they never received any notice. As such, leaving a paper trail is a smart way to approach this issue. Be sure to include the nature of your injury, how it happened, and when.  If the employer/insurer raises a lack of sufficient notice in the litigation successfully, any claim, no matter how serious, will be barred. Notice is therefore a critical component of a Pennsylvania Work Comp Claim.

I have found that many injured workers are intimidated to report a work injury- for fear of retaliation (this is a violation of law if your employer fires or suspends you for reporting a work injury) by the employer. Some sweep their injury under the carpet until a later time- which can cause major problems in a case. Do not let your employer intimidate you. Reporting your work injury as early as possible is the wise decision. Failing to report it can also serve to potentially worsen your injury by delaying treatment by a panel physician.

If you wish to speak to an experienced PA Workplace Injury Lawyer, call Michael W. Cardamone toll free at 877-560-7090 or email him directly at mcardamone@krasno.com

 

All consults are free. 7 days a week

 

Best Philadelphia Work Comp Lawyer

The Insurance Company Lawyer Has Filed A Petition To Terminate My PA Work Comp Benefits- Will My Checks Stop Immediately?

No.  If you are receiving Pennsylvania Work Comp indemnity (ie, wage loss) benefits, they must continue until such time as a Judge enters an Order stopping them.  If a Petition to Terminate has been filed, the attorney for the Employer/Insurer will ask for Supersedeas. Supersedeas in Pennsylvania Work Comp cases means that the Employer/Insurer is asking the Judge to immediately stop or reduce your checks based on their evidence.  (ie, Independent Medical Exam) However, the Judge will give the injured worker’s attorney an opportunity to counter the request for Supersedeas. The Judge will then issue a Supersedeas Order- normally a few weeks after the first hearing.  If the Judge denies Supersedeas, the wage loss checks will continue, less the attorney’s fee. If Supersedeas is granted, the checks will stop or be reduced.

It is absolutely critical to speak with an experienced Pennsylvania Workmans Comp Lawyer if a Petition has been filed to reduce or terminate your benefits. The Pennsylvania Workers’ Compensation Law is complicated and litigating a case can cost up to, or over, $5,000.00. If you do not have an attorney at the first hearing, you will likely hear the Judge strongly advise that you retain one immediately.

If your insurer stops paying your wage loss, simply based on the filing of the Petition to Terminate, but before a Judge’s Order, your lawyer should file a Penalty Petition for the improper stoppage of your checks.

For more information about a Petition to Terminate benefits under PA Work Comp Law, call Attorney Michael Cardamone toll free at 877-560-7090 or email mcardamone@krasno.com for a prompt, free consult.

Eastern and Central PA Work Comp Lawyer