PA Workers’ Comp Appeals Board Reinforces Importance of Time Limits

On behalf of Michael Vanasse at Vanasse Law LLC

Workers’ compensation insurance is very important to both employers and their workers. For example, workers’ compensation benefits cover medical costs if an employee becomes ill or is injured on the job, and compensates the individual for a portion of his or her salary while he or she cannot work.

However, disputes often arise in workers’ compensation cases, particularly around whether the proper procedures have been followed. To be eligible for workers’ compensation insurance an employee must suffer a work related injury or illness and must promptly notify the employer.

In fact, Pennsylvania’s Workers’ Compensation Act denies compensation when an employee fails to notify their employer within 120 days of sustaining a work related injury (or from the date the injury manifests itself).

Bartender Denied Workers’ Compensation Benefits

According to Risk & Insurance Magazine, a local Pennsylvania bartender recently filed a workers’ compensation claim because he suffered a serious injury at his place of employment. The workers’ compensation judge assigned to his case initially ruled there was proper notification – even though it was not done in writing – because other employees might have witnessed the event. On appeal, however, the Workers’ Compensation Appeals Board reversed this ruling and held the man did not meet the requirements of the WCA.

According to the WCAB, the judge inaccurately ascertained that there were witnesses to the accident, and thus that the employer had notice of the injury. The evidence showed, however, that there were in fact no witnesses to the accident and the bartender failed to give notice to his employer directly.

The witnesses the original ruling relied upon were merely witnesses to the aftermath, not the accident itself. As a result, the bartender’s claim was denied and he was unable to collect his benefits.

How Can This Be Prevented?

As demonstrated by this case, it is important to carefully follow the procedures when filing a workers’ compensation claim. The strict time limits and complex rules make it difficult for inexperienced individuals to accurately represent themselves. With so much on the line, it is helpful to speak with an experienced workers’ compensation attorney soon after an injury to get the benefits you deserve.