What To Do After a Work-Related Injury In Pennsylvania
After a work-related injury in Pennsylvania, it is important to notify your employer as soon as possible, seek appropriate medical treatment, and understand your rights under the Workers’ Compensation Act. Taking the proper steps early can help protect your eligibility for wage loss benefits, medical coverage, and other workers’ compensation benefits.
Step 1: Report the Injury to Your Employer
One of the most important things you can do after a workplace injury is notify your employer.
You should report the injury to:
- A supervisor
- A manager
- Human Resources
- Another authorized representative of your employer
Simply telling a coworker is generally not enough.
While verbal notice may satisfy the legal requirement, it is often helpful to provide written notice or complete an incident report whenever possible.
Be sure to explain that your injury is related to your work activities. Simply mentioning pain or symptoms without connecting them to your job duties can create problems later.
How Long Do I Have to Report a Work Injury?
Pennsylvania law contains important notice deadlines.
To protect your right to benefits, you should report the injury as soon as possible.
Generally:
- Notice within 21 days helps preserve your right to receive benefits from the date of injury.
- Notice may still be provided up to 120 days after the injury in many cases.
- Repetitive stress and cumulative trauma injuries may have different notice considerations because symptoms often develop gradually.
Waiting to report an injury can make it more difficult to prove your claim and may affect your entitlement to benefits.
Step 2: Seek Medical Treatment
Your health should be a priority after a workplace injury.
Prompt medical treatment can:
- Protect your health
- Create medical documentation
- Help establish the connection between your injury and your work duties
- Support your workers’ compensation claim
Be sure to explain to your healthcare provider how the injury occurred and that it happened while performing work-related duties.
Do I Have to Treat With My Employer’s Doctor?
Many injured workers believe they must treat exclusively with a company-selected doctor after a work injury.
In reality, Pennsylvania workers’ compensation law is more nuanced.
Whether an employer can direct medical treatment depends on whether it has properly complied with specific legal requirements regarding panel physicians and employee notification.
Many workers have more treatment options than they realize.
Because medical treatment issues can directly affect both your recovery and your workers’ compensation claim, it is often helpful to speak with an experienced workers’ compensation attorney about your situation.
Step 3: Understand How the Insurance Company May Respond
After a work injury is reported, the workers’ compensation insurance company must decide how it will handle the claim.
The insurance company may:
Accept the Claim
The insurance company may issue a Notice of Compensation Payable (NCP), accepting responsibility for medical benefits, wage-loss benefits, or both.
Temporarily Accept the Claim
The insurance company may issue a Notice of Temporary Compensation Payable (NTCP).
This allows the insurer to investigate the claim while temporarily paying benefits.
The investigation period can last up to 90 days.
Deny the Claim
The insurance company may issue a Notice of Compensation Denial if it disputes the claim.
A denial does not necessarily mean the claim is over. Injured workers may still have legal options to pursue benefits through the Pennsylvania workers’ compensation system.
Step 4: Keep Records Related to Your Injury
Good documentation can be extremely important.
Consider keeping copies of:
- Incident reports
- Medical records
- Work restrictions
- Correspondence from the insurance company
- Benefit checks
- Mileage and appointment information
Keeping organized records can help avoid disputes later in the process.
Step 5: Speak With a Pennsylvania Workers’ Compensation Attorney
Workers’ compensation claims can quickly become complicated, especially if benefits are denied, delayed, modified, or terminated.
An experienced workers’ compensation attorney can help you:
- Understand your rights
- Protect important deadlines
- Review insurance company decisions
- Address benefit disputes
- Pursue the full benefits available under Pennsylvania law
Many injured workers find it beneficial to seek legal advice early in the process.
Talk to a Pennsylvania Workers’ Compensation Lawyer
Knowing what to do after a workplace injury can make a significant difference in your workers’ compensation claim. Reporting the injury promptly, seeking medical treatment, and understanding your rights can help protect your ability to receive benefits.
At Stern & Cohen, our Pennsylvania workers’ compensation attorneys help injured workers navigate every stage of the claims process. Whether your claim has been accepted, denied, or is still under investigation, we can help you understand your options.
Contact Stern & Cohen today for a free consultation.
FAQs
What should I do immediately after a work injury in Pennsylvania?
You should report the injury to your employer, seek medical treatment, document how the injury occurred, and follow your doctor’s recommendations.
How long do I have to report a work injury in Pennsylvania?
Pennsylvania workers’ compensation law generally requires injured workers to provide notice within 120 days of the injury, although reporting sooner is strongly recommended.
Can I choose my own doctor after a work injury?
In many situations, yes. However, certain rules involving employer-designated healthcare providers may apply. The specific facts of your case matter.
What happens if the insurance company denies my workers' compensation claim?
A denial does not necessarily end your case. You may still be able to pursue benefits through the Pennsylvania workers’ compensation system by filing the appropriate petitions and presenting evidence.