Filing a Workers' Comp Claim in Philadelphia
Use an experienced law firm when filing claims
The process for filing a workers' compensation claim in Philadelphia is full of complex rules and deadlines. Learn how using a skilled lawyer from a firm like Nass Cancelliere can simplify and expedite this legal process.
Filing a claim
Your workers' compensation coverage officially goes into effect the day you are hired. Medical benefits are due to you on the first day you are injured, while wage loss benefits become payable after seven calendar days of disability. If you are out of work for 14 days, you will receive retroactive payment for the first seven days you went without payments.
To file a claim, you must first report any injury or illness to your employer, as soon as possible. You must state that you were injured “in the course of employment” and provide the date and location where the injury occurred. Your employer, in turn, is required to report your injury to the Bureau of Workers’ Compensation once you have missed a day or shift of work.
Your employer has the ability to deny your claim, as does the employer’s insurance carrier. A denial will require you to file a Claim Petition with the Bureau of Workers’ Compensation for a hearing before a workers comp judge. This is where having a lawyer experienced in workers’ compensation law become vital.
Legal procedures for filing a claim
While you may legally represent yourself at any workers' compensation proceedings, be aware that these cases are complicated and, without an in-depth understanding of the law, you are putting yourself at a serious disadvantage. You can be sure that your employer’s insurance company will have a very experience lawyer representing their interests. Denial of claims can occur at any time, possibly requiring you to file multiple petitions and appear at several hearings. An attorney can help ensure that these interruptions in coverage are minimized and quickly resolved in your favor.
Deadlines for filing claims
An employee has to give notice to their employer within 21 days of being injured, unless the employer has clear knowledge of the injury. No compensation is due until this notice is given. Notice must be given no later than 120 days following injury, or the workers’ comp claim will be denied. If your request is denied for any reason by either your employer or insurance carrier, you have three years within which to file a Claim Petition. An attorney is an invaluable resource for assisting you with filing this claim and pursuing the petition until you receive the compensation for which you are legally entitled.
When it comes to an occupational disease claim, like asbestos exposure-related illness, the disability must have occurred within 300 weeks of the last date of your employment at the job on which you were exposed. A petition has to be filed no later than three years from the date of your disease diagnosis, or you may lose your benefits. Again, an attorney can step in and assist you to meet these deadlines.
If your benefits were suspended or terminated, a lawyer can help you file the necessary petitions for reinstatement within 500 weeks from the date of suspension or three years after your last workers’ compensation check was paid.
Contact a knowledgeable workers' compensation lawyer in Philadelphia today
It is important to have an attorney with the skills and knowledge to advise you on a workers’ comp claim, guide you through filing necessary paperwork on time, and defend your rights at any hearings. Contact the Philadelphia workers compensation law firm of Nass Cancelliere at 215-546-8200 for assistance with your workers’ compensation concerns and claims. Alternatively, feel free to submit any of your inquiries via our quick contact web form.