03.14.2016

Where To Begin With a Workers’ Compensation Claim

By Christopher T. Powell Jr., Esq.

Step 1 – Report Your Injury to Your Employer

Attorney Chris Powell, Powell Law Scranton PAReport your injury within 21 days to your employer. You must report it within 120 days from date of injury or having knowledge of a work-related disease, or no compensation is allowed. The exception is cases involving progressive diseases. Employers are required to immediately report all employee injuries to their insurer or to the employer’s workers’ comp program director, if the employer is self-insured. They must also file a First Report of Injury with the Pennsylvania Bureau of Workers’ Compensation within 48 hours for an injury resulting in death and within seven days for all other injuries that result in disability lasting more than a day or work shift.

Step 2 – The Employer Issues a Notice of Temporary Compensation Payable (LIBC-501) or Notice of Workers’ Compensation Denial (LIBC-496)

Within 21 days of the date you report your injury, your employer may deny liability by issuing a Notice of Workers’ Compensation Denial (LIBC-496). The claim is then closed and you should seek legal advice.

Or your employer may issue a Notice of Temporary Compensation Payable (LIBC-501) to extend their investigation period to 90 days before they accept or deny liability for your injury. If your employer chooses to stop paying you the temporary compensation, they will then issue a Notice Stopping Temporary Compensation (LIBC-502) and issue either a Notice of Compensation Payable or a Notice of Workers’ Compensation Denial. If you receive a denial, contact an attorney immediately. If your employer agrees to compensation, you will be notified in writing of your average weekly wage, which is approximately two-thirds of your regular salary, and you will begin receiving benefits.

Step 3 – Returning To Work

If you return to work in your previous job assignment, your employer will file a Notice of Suspension or Modification (LIBC-751) within seven days of your return. The insurer must file a Final Statement of Account of Compensation Paid (LIBC-392A) after the final payment is made to you. Final Receipt (LIBC-340) is filed when your benefits terminate. You have three years from the date of your last compensation check to file a Claim Petition contesting the termination of payments. If you cannot continue working in your previous job assignment and benefits have been terminated, contact an attorney.

Powell Law has litigated on behalf of employees seeking workers’ compensation benefits for 110 years. Your first consultation is free. Contact us online or call (570) 961-0777.

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