Thursday, April 7, 2011

120 Days to File Workers Comp Claim

In Pennsylvania, if you are injured at work, you have 120 days to notify your employer. If you do not notify your employer in that period of time you may be denied your workers compensation benefits.

The Pennsylvania workers compensation statute specifies the time for giving notice of injury in section 311, 77 P.S. § 631 requiring notice to be given within 120 days of the injury. Katz v. The Evening Bulletin, 403 A.2d 518 (Pa. 1979).The workers compensation statute provides that in certain circumstances the time for giving notice of an injury does not begin to run until the employee knows, or reasnoably should know, of the injury and its relationship to his employment.

One exception to this rule is where the employee is exposed to continuing multiple trauma. In that case the injury does not take place until the last exposure or trauma occurs- usually the last day of work. This may delay the commencement of the 120-day notice period. City of Philadelphia v. WCAB, 851 A.2d 838 (Pa. 2004). But in workers compensation a lot of the determination comes down to the medical evidence. If the medical evidence does not support a finding of a continuing aggravation, the petition may be dismissed.

If you are hurt on the job in Pittsburgh, PA, don't delay, notify your employer of the injury immediately. Share this post :
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