Friday & Cox LLC Friday & Cox LLC
An Injury & Compensation Law Firm

How long do you have to file for workers' compensation?

If you are injured on the job in the State of Pennsylvania, you have a right to file for workers' compensation, but a failure to apply within specified time limits could cost you your benefits. You have 120 days from the time of the injury to notify your employer for the initial claim. If for some reason your request is denied by your employer's insurance carrier, you must file a claim petition within three years of the mishap.

Pennsylvania law states that the 120-day time limit does not apply if you are a victim of occupational disease. This can occur when work conditions cause you to develop cancer, or manifest debilitating symptoms from poisoning, or toxic exposure to chemicals. In order to quality for workers' compensation benefits for injuries from occupational disease, you must show evidence of injury or disability within 300 weeks of leaving the job that caused the problem. In addition, you are required to file a claim within three years of the date of the disability, or lose the right to benefits.

Sometimes, an insurer stops paying benefits. If this happens, you can file a petition to restore your eligibility for workers' compensation. Different time restrictions apply for getting your medical or disability benefits reinstated after they have been suspended or terminated. After termination, you must file for reinstatement within three years of your last check. In the case of a suspension, the law allows you 500 weeks from the date of your final check to file.

This information is intended to educate, and should not be interpreted as legal advice.

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