Filing Workers’ Compensation Claims in Erie, PA

Pennsylvania Attorneys Assist Injured Employees with Workers’ Comp Claims in Erie County and Crawford County, PA

Although some Pennsylvania workers’ compensation claims are straightforward, others can be challenging. At the Erie law firm of Purchase, George & Murphey, P.C., our PA lawyers guide injured workers through the workers’ compensation claims process. We answer our clients’ questions and work hard to ensure they receive all the work injury benefits to which they are entitled.

The Workers’ Comp Process in Pennsylvania

Not all workers’ compensation claims follow the same process at each stage, but most will include some of these steps:

• Get medical help. You probably will not be able to see your own doctor at first, as Pennsylvania law allows workers’ compensation insurers to require you to use a doctor on their approved list of providers. Once 90 days have passed, you can potentially see any doctor of your choosing. Moreover, if you do not acknowledge in writing that you received a list of company doctors, you may be able to see your own doctor (although this is not as easy as it sounds).
• Notify your employer. In Pennsylvania, injured workers have 120 days to report a work injury. If you do not, you could lose your eligibility for workers’ compensation benefits. In addition, if you notify your employer within 21 days, you will receive benefits from the date of your injury. If you file after 21 days, you will receive benefits dating to the time you actually filed, not the day you were injured. Your employer is supposed to file the workers’ comp claim. However, if your employer refuses to file the claim, you can file it on your own. This is more complicated, and having knowledgeable assistance from a Pennsylvania workers’ comp attorney can help.
• The employer’s insurance carrier decides on your claim. The carrier must decide on your workers’ compensation claim within 21 days of the employer receiving notice of your injury. There are three possible determinations: the employer can approve your claim, pay benefits temporarily while not approving your claim, or deny your claim outright.
• You can file an appeal if your initial claim is denied. You have three years from the date you were injured (or should have known you were injured) to file the appeal. Your case will be assigned to a workers’ compensation judge. The judge will hold a hearing, collect evidence from you and your employer, and then render a decision.
• You can appeal to the next level if your first appeal is denied. If you disagree with the judge’s determination, you have the right to appeal to the Pennsylvania Workers’ Compensation Appeal Board, the Commonwealths Court, and, finally, the Pennsylvania Supreme Court.

Until your case is resolved, you should keep good records of medical treatment, injury-related expenses, and any other costs associated with your work injury in Pennsylvania.