A Guide on Work-Related Injuries and How to Receive Compensation 

If you or a loved one was injured or killed at work in Pennsylvania, here are the steps you should take to protect your rights and ensure you receive the benefits you’re entitled to:

1.  Report the Injury

• Notify your employer immediately: In Pennsylvania, you have up to 120 days to report a work-related injury to your employer, but the sooner you report it, the better. Delaying this can jeopardize your claim.
• Document the details: Include the date, time, location, and circumstances of the injury in your report, and keep a copy for yourself.

2.  Seek Medical Attention

• Visit an approved healthcare provider: Pennsylvania law allows employers to provide a list of approved healthcare providers. For the first 90 days, you may be required to see a doctor from this list for the costs to be covered under workers’ compensation.
• Follow the treatment plan: Keep all records of your visits, treatment, and prescribed medications.

3.  File a Workers’ Compensation Claim

• Employer submits the claim: Once you report the injury, your employer should submit a workers’ compensation claim to their insurance carrier. They’ll also send the necessary forms to the Pennsylvania Department of Labor & Industry.
• Receive a Notice of Compensation Payable or Denial: Within 21 days, the employer or insurer should issue a Notice of Compensation Payable (accepting your claim) or a Notice of Compensation Denial.

4.  If Your Claim is Denied, Call Marino Associates.

• If your claim is denied, or if you have questions about the process, you need an attorney. Marino Associates can and will help you initiate an appeal.  We also will assist you with settlement offers, or any disputes over your medical benefits or wage compensation.

5.  What You Need to Know If the Accident Results in a Fatality.

•  Generally, Pennsylvania’s Workers’ Compensation laws provide death benefits to the surviving spouse and dependents in the event of a work-related death. These benefits cover some portion of lost wages, medical expenses, and funeral costs.

• While Workers’ Compensation typically bars direct personal injury claims against the employer, you may still have a wrongful death or survival claim. Wrongful death claims seek compensation for losses suffered by the family, such as lost companionship and financial support, while survival actions seek damages the deceased could have claimed if they had survived (e.g., pain and suffering). However, these claims are usually filed against third parties, such as equipment manufacturers, contractors, or others who may have contributed to the accident.
• If someone other than the employer contributed to or caused the accident (e.g., a contractor, equipment manufacturer, or another entity at the worksite), you may have grounds for a third-party personal injury claim.

If you or someone you know has been injured at work, Marino Associates can help.  Use the free case evaluation form  or call 215-462-3200 to speak to one of our expert attorneys who will give you immediate answers to important questions.