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Time limits for filing a workers' compensation claim


There are many ways in which a person in Pittsburgh can be injured. It could be in a car accident, while shopping, walking through a parking lot and in many other situations. In many of these types of situations the injury may have been caused due to the negligence of another person or entity, and the victim may want to pursue compensation. This is also true if a person is injured at work. People who are injured while working may want to seek workers' compensation benefits.

Workers' compensation is different than many other types of compensation for injuries. People are entitled to this as a matter of right and do not necessarily need to file a lawsuit in order to receive the compensation. However, people are not just given the benefits. They must apply for them, and may go through a similar process as a lawsuit in some instances. They also must be able to demonstrate the full extent of their injuries through medical examinations.

Also, similarly to lawsuits, there are time limits for giving notice of the injury and the claim. The compensation does not become due until the employer has notice of the injury and that must be done within 120 days of the injury occurring. Then if the claim is denied by the employer or its insurance company, the victim has three years from the date of the injury to file a claim.

If a person suffers from an occupational disease, the disease must occur within 300 weeks of the last day of employment and a claim must be filed within three years of the discovery of the disease.

Unfortunately there are many people who are injured at work and are unable to work after that. This can create a very difficult situation financially, but the victim may be entitled to workers' compensation while they are unable to work. There are time limits the victim must follow, though, and experienced attorneys may be able to help workers pursue the benefits they need.

Source: dli.pa.gov, "Workers' Compensation & The Injured Worker" accessed Jan. 8, 2018

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