The negotiation and potential litigation resulting from filing a workers’ compensation claim can feel tedious and never-ending. If an employer denies your claim, you could be forced to go months and months before receiving any benefits.
If you are an injured worker in Bustleton or South Philly, a seasoned lawyer from our firm could provide you with realistic expectations regarding the amount and timing of your workers’ compensation benefits. This information could allow you to best prepare for an uncertain future when you are out of work due to workplace injuries. To discuss the length of a Philadelphia workers’ compensation claim with a committed attorney, do not hesitate to contact Gross & Kenny, LLP today.
The first step an injured employee must take to initiate a workers’ compensation claim is to notify their employer. Giving an employer proper notice of the injury sustained is a vital part of the process, and failure to do so appropriately could result in substantial delay or even the denial of a workers’ compensation claim. While each case will vary depending on the specific employer and the injuries sustained, consulting an attorney serving Bustleton and South Philly could give you a clearer picture of the length of a Philadelphia workers’ compensation claim.
Failing to provide sufficient notice has dire consequences, so you should alert your employer of your injuries immediately after getting hurt. The notice provided to the employer should include the date and place of the injury. While it is recommended that you provide this notice immediately, you have 120 days from the date of your injury to do so.
It is important to note that the employer has an obligation to post a conspicuous notice within the workplace regarding the contact information for workers’ compensation claims and information. This notice should include the name, address, and phone number of the party to whom claims should be directed.
After receiving notice of your injury, your employer must provide what is known as a “First Report of Injury” to the Bureau of Workers’ Compensation. This report is generally filed after an employee has missed at least one day or work shift due to an accident.
After filing the First Report of the Injury, your employer has 21 days to determine a workers’ compensation claim. If your employer needs more time to investigate, they might file a Notice of Temporary Compensation Payable to receive a 90-day extension.
If your employer grants a workers’ compensation claim, you and your employer will agree on the workers’ compensation benefits. However, the employer might deny the workers’ compensation claim for various reasons, such as an allegation that the injury did not occur at work or that you were responsible for your own damage. If your employer chooses to deny the workers’ compensation claim, you have the right to file a petition with the Bureau of Workers’ Compensation within three years of their injury. Unfortunately, this process can take many months and will likely considerably delay the length of a Philadelphia workers’ compensation claim.
If your employer denies your benefits and chooses to proceed with a petition, the case will be held before a judge. It is important to consult an attorney at every stage of the process for help negotiating with both the employer and insurance company. The added complexity of a hearing before a judge only amplifies the need for sound legal advice and representation.
The length of a Philadelphia workers’ compensation claim can vary drastically depending on the severity of your injuries, the response of your employer, and the potential need for further litigation. A knowledgeable legal professional serving Bustleton and South Philadelphia could help ensure you are meeting the proper requirements, not missing any deadlines, and not causing undue delay to your case.
Scheduling an initial consultation could provide you with vital information on how to proceed with your workers’ compensation claim properly. The attorneys of Gross & Kenny, LLP are here to ensure you are requesting the full amount of compensation you are entitled to and that you receive your benefits as fast as possible.
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Personal Injury Attorney Philadelphia | Gross & Kenny, LLP