Once you give notice of your work injury, the Employer/Insurer has 21 days to accept, deny, or temporarily accept your claim. If they do not issue an acceptance, denial, or temporary acceptance within that time frame, they are in violation of the Pennsylvania Workers’ Compensation Act, and subject to penalties, up to 50%, pursuant to the Work Comp Judge’s discretion.
I had recently posted about the Notice requirement. Make sure you give clear notice of your work injury. Simply saying your back hurts may not be enough. If you injured your back while working, make sure to tell your supervisor that you injured your back while working. They should have you fill out an incident report. Many Employers/Insurers will argue that notice was not given. Communication is really important. Some injured workers fear that they may lose their job if they report a work injury because of the culture espoused by the Employer to minimize work injuries- and some of the natural cynicism that accompanies this type of climate. Your Employer can not fire you for reporting a work injury. If they do, they will be subject to a major discrimination law suit.
If you have questions about the time limits involved in Pennsylvania Workers’ Compensation claims, notice, or any other matters, feel free to call me directly at 215-206-9068 or email Michael@cardamonelaw.com
