November 9, 2023 • 4 minutes to read
Every day, workers suffer workplace injuries that result in lost wages, medical bills, and other expenses. If you have been hurt, you are entitled by law to receive benefits in Pennsylvania. However, there are time limits for filing a workers’ compensation claim. These time limits refer to the Pennsylvania Workers’ Compensation Statute of Limitations – the law that places time constraints on when you can file a claim.
The statute of limitations is the length of time an injured worker has to formally file a Workers’ Compensation claim. In Pennsylvania, the limitation period is three years from the date of injury. If you have been injured on the job and denied medical benefits or lost wages, you must file a claim within three years from the date you were injured. Any petitions filed after three years will be barred forever and prevent you from collecting benefits for your injuries. While three years may seem like a long time, it can take months or longer for injuries to be discovered and evaluated. Time can pass quickly while undergoing treatment and rehabilitation because all the responsibility is on the injured worker.
While injured workers have three (3) years to file a claim, injured workers must also report their injury to their employer in a timely manner. An injured worker must report the injury within 120 days. After that, the injured worker is not eligible to receive benefits. If an injured worker reports the injury within 21 days, the worker is entitled to benefits from the day of the injury. After 21 days, the worker is only eligible for benefits from the day they report the injury.
Regardless of the injury or circumstances, an injured worker wants to report the injury and see a doctor to create a record that the injury is work-related.
1. Seek medical treatment
2. Notify your employer of your workplace injury
3. Identify all witnesses
4. Take pictures of the conditions at the scene of the accident
5. Take pictures of the injuries you sustained
6. Write down as much as you can remember about the workplace accident
Pennsylvania’s workers’ compensation statute of limitations is a general rule and there are some exceptions. An exception means the time frame of three years may be adjusted based on certain facts.
Once an injured worker has established an attorney-client relationship with a trusted and knowledgeable law firm that handles Pennsylvania workers’ compensation claims, these exceptions can be discussed and evaluated to see if they apply to the case. It may be a legal issue the lawyer has to consider and determine how it impacts the three-year statute of limitations.
Here are some of the exceptions to the three-year statute of limitations:
For occupational exposure injuries, the disability period must begin within 300 weeks (about 5 and a half years), from the last exposure to the hazardous chemical.
We recovered $825,000 for a Union Laborer who suffered a catastrophic leg injury and depression after being struck by a falling beam that resulted in a below-knee amputation.
We recovered $568,000 for a Site Supervisor of a local construction company with serious foot and psychological injuries after falling from a ladder in a construction accident.
We recovered $498,000 for a Driver/Salesperson with neck, shoulder and knee injuries from two work related accidents.
Please fill out the form on the right, below, so that we can learn more about your worker compensation needs. We will be in touch with you shortly to discuss your matter in more detail.2001 Market Street, Suite 2600