How Long Does It Take to Get Workers’ Comp After an Injury in PA?
One of the most pressing questions injured workers in Pennsylvania ask is, “When will I begin receiving my workers’ compensation payments?” The answer to this question primarily depends on whether your employer’s workers’ compensation insurance provider accepts or denies your claim.
You must report a workplace injury to your employer within 120 days to get benefits. If you fail to report the injury within 120 days, you’ll be barred from receiving workers’ compensation benefits.
If you report your workplace injury to your employer within 21 days, you may be awarded workers’ compensation benefits from the date of your injury. However, if you report your workplace injury beyond 21 days but before 120 days has lapsed, then you are only eligible to be awarded benefits as of the date that you reported the workplace injury.
Once you report your injury, your employer must notify their insurance company, who will have an additional 21 days to investigate the claim. If they find that your claim is valid, they’ll accept it, and you should start receiving payments about twenty-one days after you reported the injury to your employer. They may also decide to temporarily accept the claim, which gives them another 90 days to investigate the claim further.
What if My Claim Is Denied?
Things will take longer if your employer’s insurance company denies your claim.
If your claim is denied by the workers’ compensation insurance carrier, you’ll need to consult a workers’ compensation attorney to file a claim petition. You have three years to file this petition, but once you do, the courts will assign a workers’ compensation judge to your case, and the judge will set a hearing date. At the hearing, the judge may send both parties to mediation to attempt to reach a settlement. If a settlement can’t be reached, the judge will decide the case.
After a judge’s decision, both parties have 20 days to appeal the decision to the Workers’ Compensation Appeals Board (WCAB). Once the WCAB issues their decision, the parties have 30 days to appeal that decision to the Pennsylvania Commonwealth Court. Once the Commonwealth Court issues their decision, the parties have 30 days to appeal that decision to the Pennsylvania Supreme Court.
A fully litigated case could take months, or even years. Our goal is to move each case forward as quickly as we can so that our clients obtain a result as soon as possible.
Contact a Pennsylvania Workers’ Compensation Attorney
If you have an active workers’ compensation case in the Pittsburgh area, contact DelVecchio & Miller, LLC for legal assistance. Our attorneys will fight for your rights and the compensation that you deserve.