Q. 6. How should a work-related injury or disease be reported for purposes of workers' compensation?
It is your responsibility to report an injury or disease to your employer as soon as possible. The report should include an explanation of the time, place and type of injury. The notice must contain an explanation as to how the injury occurred and how it was work-related. Although oral notice is legally sufficient, it is best if the notice is in writing. You should retain a photocopy of the notice.
You should give as much information as possible to your employer regarding the circumstances surrounding the injury. The report may be given to the employer by you or by someone acting on your behalf.
There are two (2) time limits which are strictly enforced:
1. Notice given more than one hundred twenty (120) days from the date of injury, unless the employer already knows of the injury, will probably result in the loss of workers’ compensation benefits in Pennsylvania; and
2. You must give notice within twenty-one (21) days from the date of injury in Pennsylvania in order to receive workers’ compensation benefits from the first day of injury, unless the employer already has knowledge of the injury.
3. Thus, if you do not give notice until the twenty-second (22nd) day after the injury occurred, you will only receive workers’ compensation benefits from that date on. If notice is given within twenty-one (21) days, however, you will receive benefits from the first day of injury.
If you have questions and would like to discuss a work injury or workers’ compensation claim with us, please feel free to call Willig, Williams & Davidson and its work injury lawyers at 1-866-413-COMP (2667) or 1-215-656-3600.
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