Filing for workers’ comp shouldn’t be a maze, but for a lot of injured workers it feels like one. Forms, adjusters, notices and deadlines arrive while you’re trying to heal. Philly Injury Lawyer walks you through each step and takes over the parts that are easy to get wrong, so your benefits start as soon as possible.
How the Process Works
- You report the injury to your employer, ideally in writing. See How to Report a Work Injury.
- Your employer reports it to its workers’ comp insurance company.
- The insurer investigates and has 21 days to respond.
- You get a decision in one of these forms:
- Notice of Compensation Payable: your claim is accepted and benefits begin.
- Notice of Temporary Compensation Payable: the insurer pays for up to 90 days while it keeps investigating. It can stop paying during that window, so stay alert.
- Notice of Compensation Denial: your claim is denied.
- Medical-only notice: the insurer pays medical bills but not lost wages.
If Your Claim Is Denied or Ignored
You can file a Claim Petition. This puts your case in front of a workers’ comp judge. A Claim Petition generally must be filed within three years of your injury. Petitions are filed through the state’s online system, WCAIS. We file and handle the petition for you.
The Waiting Period
Wage benefits aren’t paid for the first seven days of disability. If you’re out more than 14 days, you’re paid for those first seven days too.
Keep a Claim File
- Copies of your injury report and any notices from the insurer
- Doctor’s notes and work restrictions
- Pay stubs from before the injury
- A log of every call with the adjuster
Watch Out For
- Forms asking you to agree that you’ve recovered or returned to work
- Recorded statements requested by the adjuster
- A Temporary Compensation Payable notice that quietly turns into a denial
Let Us Handle the Paperwork
Call (215) 735-4800 for a free consultation. We Win or It’s Free®.
Frequently Asked Questions
How long does the insurer have to decide my claim?
Twenty-one days from the time your employer learns of the injury. If you don’t hear anything, call us.
Can I file a workers’ comp claim myself?
You can, but the insurer has lawyers and adjusters on its side. Having a lawyer generally helps your benefits, and our fees for comp cases are approved by the judge.
What’s the deadline to file a Claim Petition?
Generally three years from the injury. Some occupational diseases have special rules.
Pennsylvania Law in Plain English
Pennsylvania’s process is laid out by the Department of Labor & Industry. The insurer must accept, temporarily accept or deny your claim within 21 days. If benefits aren’t paid, a Claim Petition must generally be filed within three years of the injury.
