If you’ve been injured on the job, you may be facing overwhelming medical bills and lost wages if you cannot work. Your priority should be recovering from your injuries. However, that can be difficult if you are worried about how long it will take to get the workers’ compensation benefits you’re entitled to.
At Calhoon & Kaminsky P.C., we understand that you need workers’ comp benefits as soon as possible after a workplace accident. Our attorneys realize that navigating Pennsylvania’s complex workers’ compensation laws can be a time-consuming challenge. But we are here to help guide you through it.
Contact our office today to learn more about how long the workers’ compensation settlement process takes in Pennsylvania and what a workman’s comp attorney can do for you.
How Does Workers’ Comp Work in PA?
In Pennsylvania, an employee who suffers a work injury or occupational illness is entitled to receive benefits through the Pennsylvania Workers’ Compensation Act. Most workers in Pennsylvania are covered by workers’ compensation insurance, with few exceptions. These are no-fault benefits, meaning they are paid regardless of who caused the injury. These benefits can include the following:
- Payment of reasonable and necessary surgical and medical services related to your workplace injury or illness, including medicine and medical supplies
- Wage-loss benefits that provide payment equal to two-thirds your average weekly wage before your injury
- Specific loss benefits if you permanently lose sight or hearing or the use of your fingers, limbs, hands, or feet
- Total or partial disability benefits if the injury or illness results in a permanently disabling condition
Employees can receive workers’ comp benefits if their claim is accepted by their employer or the employer’s insurer. A worker whose claim is denied can file a formal appeal with the state. A workers’ compensation judge will hear the case and decide whether the worker is entitled to benefits.
How Long Does Workers’ Comp Take to Pay in PA?
If you are entitled to workers’ comp benefits for a work-related injury or illness in Pennsylvania, your medical treatment should be covered right away. However, receiving wage-loss benefits will take longer. Once you notify your employer that you have suffered a work injury or occupational illness, your employer will refer your claim to its workers’ compensation insurer or claims processor.
The insurance carrier has 21 days to accept or deny your claim. If they accept your claim, you will then begin to receive wage-loss payments — typically within 28 days of the injury. If you miss more than 14 days of work, you will also receive wage-loss benefits retroactive to the 21-day waiting period.
It is important to promptly report your injury to your employer. If you don’t, your benefits may be delayed or denied. Technically, you have 120 days from the date of your injury or illness to report it to your employer. However, you should notify your employer of your injury within 21 days of being injured to receive benefits starting from the date of your injury.
If you tell your employer after 21 days but within 120 days, you will receive benefits from the date you reported the injury or illness. If you report your injury after 120 days, you will likely be ineligible to receive benefits.
How Long Does It Take for Workers’ Comp to Pay When the Insurance Company Doesn’t Accept Your Claim Right Away?
If your employer or its workers’ compensation insurer does not immediately accept your claim, you may have to wait longer to get workers’ comp benefits. Your employer or its insurer has the right to request additional time to investigate your workers’ comp claim by filing a Notice of Temporary Compensation Payable, which provides up to 90 days for further investigation. You will receive workers’ comp benefits during this period. By the end of these 90 days, your employer or its insurer must issue one of three types of notice:
- Notice of Compensation Payable, which means that your employer or its insurer has accepted your claim
- Notice of Workers’ Compensation Denial, which is a rejection of your claim
- Agreement for Compensation, which is a negotiated settlement of your claim between you and your employer
How Long Does Workers’ Comp Take If the Claim Is Denied?
If your employer or its insurer issues a Notice of Workers’ Compensation Denial, you have the option of filing an appeal with the Pennsylvania Workers’ Compensation Bureau. Depending on your case, an appeal must be filed within three years of one of the following:
- The date that you were injured
- The date you began experiencing symptoms of an occupational illness
- The date of last payment of benefits
You will then be assigned a date for a hearing before a workers’ compensation judge. If the judge denies your claim, you can file an appeal with the Workers’ Compensation Appeal Board within 20 days.
The appeals process can be lengthy, sometimes taking years to resolve. A Pennsylvania workers’ comp attorney can help keep your case on track and work through the process efficiently.
How Long Can You Be on Workers’ Comp in PA?
Under the Pennsylvania workers’ compensation system, you can receive wage replacement benefits for up to two years. At the end of these two years, your employer or its insurer can request that you have an impairment rating evaluation to determine whether you suffered a permanently disabling condition.
If you receive an impairment rating of less than 50 percent disability, you can continue to receive financial benefits for up to 500 weeks. For an impairment rating of greater than 50 percent, you will be considered totally disabled and could receive benefits indefinitely.
Your employer or its insurer will continue to be responsible for paying for all reasonable and necessary medical treatment of your work injury or occupational illness so long as it’s expected to improve your condition further.
Contact a Workers’ Compensation Lawyer to Represent You in Your Case
Navigating the Pennsylvania workers’ compensation system alone can take a lot of time and energy. To increase your chances of getting workers’ compensation benefits as soon as possible after a workplace injury or illness, you need an experienced attorney on your side. Contact Calhoon & Kaminsky P.C. for a consultation with our workers’ compensation lawyers to learn more about your legal options.
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For more than 20 years, our attorneys have been helping injured workers navigate the complex Pennsylvania workers’ compensation system. We empower workers with the information and the representation they need to make the best decisions for themselves and their families’ future.
