Workers’ Compensation Denied Because of Missed Deadlines — Can I Still File?
If you’ve been injured on the job, Pennsylvania law gives you the right to workers’ compensation benefits. These benefits cover medical treatment and lost wages, and they can make all the difference when you’re trying to recover and keep up with bills. But many workers run into a common roadblock: deadlines.
Pennsylvania’s workers’ compensation system has strict time limits for reporting an injury and filing a claim. Insurance companies know this—and they often deny claims if they can point to a missed deadline. If you’re in this situation, you may feel frustrated or hopeless. The good news is: missing a deadline does not always mean your case is over.
At Stern & Cohen, we help injured Pennsylvania workers navigate their complex cases every day. Here’s what you need to know.
Pennsylvania Workers’ Compensation Deadlines
There are two major deadlines every injured worker in Pennsylvania should know. Under Pennsylvania law, after suffering a work-place injury, an employee must notify their employer. If their benefits are denied, then the employee can file a claim.
- The Notice Deadline (120 days) – If you’re injured on the job, you must report your injury to your employer in a timely manner. In Pennsylvania, this generally that you must report you’re the incident within 120 days of the injury occurring OR within 120 days from the date you realized you had a work-related injury. For example, if you slip and fall at work, the clock starts ticking the day of your fall. If you develop carpal tunnel over time, the clock might start when a doctor first tells you it’s job-related.
**While the law allows up to 120 days to report your injury, best practice is to report your injury within 21 days. Prompt reporting is crucial for collecting retroactive benefits and establishing a strong case.
- The Filing Deadline (3 years) – If your employer or the workers’ compensation insurance company refuses to pay benefits or stops paying benefits, you generally have 3 years from the date of your injury to file a Claim Petition with the Bureau of Workers’ Compensation.
The rules may sound simple, but complying with Pennsylvania workers’ compensation laws can be tricky. Injuries that develop slowly, employers who give incomplete information, and workers focused on recovery often run into problems. Contact an attorney at Stern & Cohen today to help guarantee you file on time.
What If You Miss a Deadline?
Missing a deadline in a Pennsylvania workers’ compensation case can be serious – but it isn’t always the end of your claim. In some cases, the law allows the deadlines to be extended, or “tolled.” An extension is not a guarantee that your claim will be denied or approved but can get you in the door after missing a deadline.
- Progressive Injuries and Occupational Diseases
- Some work-related diseases or injuries are not diagnosed right away, and their cause may not be discovered until after the 3-year filing deadline. These types of injuries are called “progressive injuries” or “occupational diseases,” and include things like lung disease, hearing loss, or repetitive stress injuries. In these cases, the deadline may start when you first knew, or should have known, your condition was related to your job. For example, if you worked around asbestos and are diagnosed with a lung condition years later, you may still be able to file.
- Ongoing Payments Intended to be Compensation
- If your employer has already paid for medical treatment or wage loss, the timeline may be extended. This exception only applies when the employer paid with the intent to satisfy their obligations under the Pennsylvania Workers’ Comp system. Courts will pause the three-year filing limitation during the time those payments were made.
- Employer Misconduct
- You may be able to file your claim after the 120-day deadline if your case involves clear employer misconduct, like where an employer is discouraging their workers from filing or actively misrepresenting deadlines. These cases are tough to prove, but can result in an extension.
Why Understanding Deadlines Is Crucial
Even if you think you missed a deadline, talking to one of our lawyers right away gives you the best chance to save your claim. An attorney can review medical records, timelines, and communications with your employer to see if there’s a path forward.
Workers’ compensation deadlines are not suggestions—they are written into Pennsylvania law. Insurance companies know this and will use them to their advantage. That’s why it’s so important to act quickly.
The Bottom Line
If your workers’ compensation claim has been denied because of a “missed deadline,” don’t give up. Pennsylvania’s workers’ compensation laws are complex, and exceptions may apply in your situation.
If you’ve been denied or are worried about deadlines, call Stern & Cohen today for a free consultation. We’ll review your case, explain your options, and fight to protect your rights.