Statute of Limitations
Failure to Meet Deadlines May Render You Ineligible for Benefits
As a Pennsylvania worker, you are required to report your workplace injury to your employer within 120 days. Failure to meet that deadline may render you ineligible to collect any workers’ compensation benefits. Your employer should be given notice of your injury in writing as soon as possible, so they can report your injuries to their workers’ compensation insurer and you can start receiving benefits.
If your employer issues a denial, you have three years from the date of your injury to file a Claim Petition. If you miss this time limit, you will be barred from recovery, and unable to collect any workers’ compensation benefits for your injuries. At Larry Pitt & Associates, P.C., our experienced legal team will help you stay within the statute of limitations and all other legal time limits, so you can pursue the workers’ compensation benefits you deserve.
Exceptions to the Time Limitations
There are certain exceptions to the 120-day notice requirement, such as if you suffer from a progressive occupational disease. If you have hearing loss due to long-term exposure to hazardous noise, you must file your claim within three years from the date you were last exposed to hazardous noise. If you contracted an occupational disease due to workplace conditions, you must show that your resulting damages occurred within 300 weeks (approximately six years) of your last exposure to the hazardous or toxic workplace condition.
There are also exceptions to the three-year statute of limitations to file a Claim Petition. If your employer compensated your or gave you any similar payments in lieu of compensation, you have three years from the date of the last payment (instead of three years from the date of your injury) to file your Claim Petition. The statute of limitations may also be suspended if your employer paid your medical expenses related to your work injury. However, your employer must have made the payments with the intention to satisfy their legal workers’ compensation obligations.
An exception may also apply if you did not know the nature of your injury or that your job was the root cause of the injury. In that case, the statute of limitations would only begin to run when you knew or should have known of both the injury’s existence and its possible link to your work or workplace.
Finally, there may be an exception if your employer or their workers’ compensation carrier deceived you into thinking that your claim was accepted when it was not, thereby allowing the time limit to run out.
Other Time Limits
In addition to the 120-day notice requirement and the three-year statute of limitations for Claims Petitions, there are other important time limits in the workers’ compensation claims process. If you appeal to the worker’s compensation judge and your claim is denied, you have 20 days from the date of the decision to file an appeal with the Workers’ Compensation Appeal Board. If that appeal is denied, you have 30 days from the date of the Board’s opinion to file an appeal with the Commonwealth Court.
Finally, if that appeal is unsuccessful, you may file a Petition for Allowance of an Appeal with the Pennsylvania Supreme Court within 30 days from the decision’s publication date. Navigating the complex workers’ compensating system and all its deadlines can be overwhelming. Hiring an experienced work injury lawyer greatly increases your chances of a successful claim and can let you focus on your recovery.
Philadelphia Workers’ Compensation Lawyers at Larry Pitt & Associates, P.C. Help Injured Workers Meet All Legal Deadlines and Requirements
If you were injured in a workplace accident, contact an experienced Philadelphia workers’ compensation lawyer at Larry Pitt & Associates, P.C. There are many critical deadlines and requirements to meet in order to obtain workers’ compensation in Pennsylvania. We can help you deal with all the deadlines and ensure that your rights are respected and well-represented. We proudly serve clients throughout Pennsylvania, including those in Berks County, Bucks County, Chester County, Delaware County, Montgomery County, and Philadelphia County. To discuss your case, all us at 888-PITT-LAW or complete our online contact form.
Our legal team provides skilled representation to those residing in and around Abington, Ambler, Ardmore, Bala Cynwyd, Bensalem, Clifton Heights, Crum Lynne, Darby, Downingtown, Doylestown, Drexel Hill, Essington, Folcroft, Glenolden, Haverford, Havertown, Holmes, Kutztown, Lansdowne, Media, Merion Station, Morton, Narberth, Norristown, Norwood, Philadelphia, Prospect Park, Quakertown, Reading, Roxborough, Sharon Hill, Upper Darby, West Chester and Wynnewood.