Workmans Comp Attorneys Media Pennsylvania Law Office of Deborah M. Truscello (610) 892-4940 truscellolaw How Long Can I Wait To File A Workers Comp Claim in PA? This is often a common concern among injured workers in Pennsylvania. This is because with some injuries they may not present themselves for months, and sometimes years, after the accident. This is a common situation with repetitive stress injuries. Pennsylvania has a law that determines how long you can wait to file your claim. This is known as the statute of limitations. Pennsylvania Workers Comp Statute Of Limitations: PA workers comp law allows for a 3 year statute of limitations applies to the filing of a Claim Petition, seeking workers’ compensation benefits for an alleged work injury. If workers’ compensation benefits are terminated, either by agreement or by decision, the injured employee has a 3 year statute of limitations to seek reinstatement of compensation, and to strike the effective termination of compensation benefits. If compensation benefits have been suspended, and/or modified, based upon an injured employee again being able to return to work at wages equal to or greater than the pre-injury average weekly wage, or, if the injured employee is earning less than the pre-injury average weekly wage, the injured employee has a 500 week statute of limitations to reinstate temporary total disability benefits, to strike a suspension or modification. Any employer or insurer seeking to limit an injured employee’s receipt of wage loss disability benefits in reliance upon an impairment rating evaluation cannot seek to convert a temporary disability claim to a permanent disability claim, until the injured employee has received 104 weeks of total disability benefits; the total disability benefits need not be cumulative, but they cannot be partial disability benefits. The statute of limitations for an occupational disease claim is 300 weeks from date of last exposure. Appeal from a decision circulated by a workers’ compensation judge must be filed within 20 days of the circulation date of the decision. The appeal must be filed with the Workers’ Compensation Appeal Board; a party seeking Supersedeas from a decision issued by a WCJ must file the Supersedeas Petition within the same timeframe as the appeal, being 20 days from decision circulation date. Any appeals from the Appeal Board to the next appellate level, the Pennsylvania Commonwealth Court, must be filed within 30 days of the decision circulation date. If you have suffered a workplace injury in the greater Philadelphia or Lancaster areas contact The Law Office of Deborah M. Truscello to discuss your case. Ms. Truscello has many years experience handling workers compensation claims in the Philadelphia and Lancaster areas. She handles accident and injury claims on a contingency fee basis meaning she charges no fee unless she recovers for you.
Posted on: Sat, 30 Nov 2013 21:19:29 +0000
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