How long after an injury at work can you claim?
"How long after an injury at work can you claim?" We answer this question, offering detailed explanations and relatable examples from Northeast Pennsylvania.
Introduction
Workplace injuries can have significant impacts on employees' lives. Understanding your rights, including how long after an injury at work you can claim benefits, is vital to ensuring you're appropriately compensated. This guide, filled with examples from Northeast Pennsylvania, will help clarify the timeline for workers' comp claims.
Understanding Workers' Compensation Claims
Workers' compensation is a type of insurance that provides medical benefits and wage replacement to employees injured in the course of employment. The specifics of these benefits and the process to claim them can vary by state, so it's crucial to be familiar with your local regulations.
Timeline for Filing a Workers' Compensation Claim
In Pennsylvania, an injured worker has 120 days to inform their employer of the injury. Following that, there's a three-year statute of limitations to file a workers' compensation claim. This period begins from the date of the injury, or in cases of occupational disease, from the date the employee becomes aware of the condition.
Real-life Northeast Pennsylvania Examples
Example 1: The Construction Site Injury
Imagine a construction worker, Mike, in Wilkes-Barre, Northeast PA, suffers a fall due to faulty scaffolding and breaks his leg. He reports the injury to his employer within a week. Although he notifies his employer promptly, he waits for almost two years before filing a workers' compensation claim. Despite the delay, Mike's claim is within the three-year statute of limitations, so he's eligible for benefits.
Example 2: The Delayed Disease Diagnosis
Consider another example: Lisa, a factory worker in Hazleton, Northeast PA, develops lung disease due to long-term exposure to harmful chemicals. She wasn't aware of her condition until diagnosed by a doctor three years after her initial exposure. Once she becomes aware of her illness, she reports it to her employer and files a workers' compensation claim. Lisa's claim falls within the statute of limitations and is therefore valid.
Other Considerations When Filing a Claim
Employer Notification
While the law provides a 120-day window to report an injury to your employer, it's best to do so as soon as possible to avoid complications with your claim.
Documenting the Injury
Maintaining clear records of the injury, medical treatments, and related costs is essential when filing a workers' compensation claim. This includes doctor's reports, receipts, and even photographic evidence if applicable.
Seeking Legal Assistance
If you face resistance from your employer or the insurance company, or if your claim is complicated, you might benefit from hiring a lawyer specializing in workers' compensation law.
Conclusion
So, how long after an injury at work can you claim? In Pennsylvania, you can claim up to three years from the date of injury, but you must notify your employer within 120 days. Knowledge of these timelines can be vital in securing the compensation you deserve. Remember, when in doubt, seeking legal advice can provide invaluable assistance.