Procedures for PA Worker's Compensation Cases
- Notice of Injury Employers are required to post from LIBC-500 ("Remember: It is important to tell your employer about your injury") to inform employees of the name, address and phone number of their workers' compensation insurance company, their third-party administrator or internal workers' compensation contact person.
- Injury Is to be reported to employer within 21 days; if not reported within 120 days from date of injury or having knowledge of a work-related disease, no compensation is allowed (except for cases involving progressive diseases)
- Employers are required to immediately report all employee injuries to their insurer or,
Injury or Disease workers' compensation program. Employers are also required to file with the Bureau a report of injury within 48 hours for every injury resulting in death, and within seven days after the date of injury for all other injuries which result in disability of more than a day, shift or turn of work.
- Voluntary Payment Within 21 days from the date the employee provides notification of an injury, the employer/ carrier accepts liability for the injury and issues a Notice of Compensation Payable or a Notice of Temporary Compensation Payable.
- Denial of Payment Within 21 days from the date the employee provides notification of an injury, the employer/ carrier denies liability and issues a Notice of Workers' Compensation Denial to the employee.
- Employee has three years from the date of the injury to file a Claim Petition. The law also provides that injured workers may reopen their claim within three years from the last date an indemnity payment was made on a claim. (Mere paying of medical benefits would not be the same as reopening the claim.)
- Worker's Compensation petitions are assigned to a Workers' Compensation Judge by the WC Judge Bureau according to the county in which the employee lives.
- Once assigned, all parties involved in the case are notified in writing as to the date, time and place of WC hearing.
- WC Hearing Held A Workers' Compensation Judge hears evidence presented by both the defendant (employer/insurer) and claimant at one or more hearings which may be extended by the need to obtain medical evidence and hear other witnesses.
- Decision Rendered A written decision is circulated to involved parties after a case is closed (all evidence has been submitted and the Judge has everything necessary to render a decision.) If the decision is in favor of the claimant, the claimant receives an award of compensation.
- Either party has 20 days from the date of the Workers' Compensation Judge's decision to appeal to the WC Appeal Board. The Appeal Board circulates to all parties its decision.
- Either party has 30 days from the date of circulation of the Workers' Compensation Appeal Board's decision to file an appeal with the Commonwealth Court.
- Either party has 30 days from the date of circulation of the Commonwealth Court's decision to file a Petition for allowance of an Appeal with the Pennsylvania Supreme Court.
Statutory time periods are reflected in the above process.
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