If you have suffered a job-related injury or illness, you may be entitled to workers’ compensation benefits. Governed by Pennsylvania law, these benefits can cover medical expenses, lost wages, and other costs related to your injury. Understanding the process and meeting the legal requirements for a workers’ compensation claim is the first step in the benefit application process.
Tackling the workers’ compensation process can be daunting, but you do not have to do it alone. A lawyer from The Law Office of Kaitlin Files, LLC could teach you how to apply for workers’ compensation in Levittown.
Pennsylvania is a mandatory workers’ compensation state. Under 77 Pennsylvania Statutes § 1 et seq., employers are required to provide coverage for employees who are injured or develop illnesses in the course of their employment. The system is no fault, allowing employees to receive compensation even if their employer is not responsible, as long as the injury is work-related.
Employees do have to follow specific steps in order to qualify for their benefits. Failure to do so can result in an employee being ineligible, so the help of an attorney in understanding how to file a Levittown workers’ compensation claim could prove essential.
The first step in seeking workers’ compensation is promptly reporting an injury or illness to the employer. 77 Pennsylvania Statutes § 631 requires employees to notify their employers within 120 days of an incident.
Employers may have internal reporting forms, but using them is not a mandatory part of the Levittown workers’ compensation application process. Instead, employees meet the requirements so long as they provide notice that includes the date, time, and nature of the injury, along with any contributing workplace conditions. Technically, this notice does not even have to be in writing; however, a written notice could help an employee prove they reported their injury in a timely manner.
Although it is written secondarily, many Levittown employees will seek medical treatment as the first step in their workers’ compensation application process. Not only is pursuing immediate medical attention critical for serious injuries, but medical records play a critical role in establishing the legitimacy of a workers’ compensation claim.
Under 77 Pennsylvania Statutes § 531(1), employers are permitted to designate specific medical providers for injured employees to visit in their first 90 days of treatment. However, this rule does not apply if an employer fails to properly post their list of physicians and does not provide the employee with a Rights and Responsibilities document acknowledging this rule at the time of hire and the time of reporting an injury. If this document is not completed by an employer or written acknowledgment is not obtained, workers can choose their healthcare provider freely.
Regardless of who supplies medical care, a person should preserve all of their medical records to support their claim.
If an injury or illness prevents an employee from working or results in ongoing medical expenses, they can file a workers’ compensation claim. Submitting this form is not the employee’s responsibility. Rather, the employer’s workers’ compensation insurance carrier is required to submit a First Report of Injury form to the Pennsylvania Bureau of Workers’ Compensation.
An injured worker should follow up with their employer to ensure they have filed the report. Workers can also directly contact the Bureau if they encounter delays or disputes.
Theoretically, this should be the last step in the Levittown workers’ compensation application process. If a claim is approved, the employee will begin receiving benefits. If a claim is denied, the insurer must provide a written notice explaining why. The employee can then file a petition with the Workers’ Compensation Office of Adjudication to begin the appeals process.
The workers’ compensation process should be straightforward. However, disputed medical opinions, lost wage disputes, and termination of benefits can make it challenging. Contact an attorney from The Law Office of Kaitlin File, LLC to learn how to apply for workers’ compensation in Levittown.
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