The statute of limitations is the length of time an injured party has to formally file a Workers’ Compensation claim. In Pennsylvania, the limitations period prohibits claims brought more than three years from the date of injury. In other words, if you have been injured on-the-job and denied medical benefits or lost wages, you must file a Claim Petition within three years of the date you were injured, or forfeit your chance to recover benefits. This is why if you are injured, you should seek medical treatment and notify your employer immediately.
Occupational Hearing Loss
In addition to the general statute of limitations, there are many special rules that apply to specific types of injuries. For instance, if you suffer from occupational hearing loss as a result of long-term exposure to hazardous noise levels, you may bring a claim within three years of the last day you were exposed to excessive volumes at work. Occupational hearing loss can also occur as a result of exposure to a sudden, intense burst of noise. The relevant statute of limitations depends on the specific nature of your work-related injury.
Exceptions to the Statute of Limitations
Employees who have been given some sort of payment or benefits “in lieu of compensation” have three years from the date the last payment was made within which to file a claim.
Additionally, if your employer has paid your medical expenses related to a work injury, the three-year limitations period may be tolled during the time payments were made, as long as your employer intended to satisfy their obligation under Pennsylvania’s Workers’ Compensation law.
With certain types of injuries, if an employer or their insurance carrier misrepresents that a claim has been approved, the three year limitations period will not begin running until the injured worker realizes (or through the exercise of reasonable diligence should have realized) that they were injured, and that the injury was work-related.
Philadelphia Workers’ Compensation Lawyers of Gross & Kenny, LLP Fight for the Rights of Injured Workers
If you have an injury and suspect that it be work-related, it is important to contact the experienced Philadelphia Workers’ Compensation lawyers of Gross & Kenny, LLP, as early as possible after your injury. We will make sure that you are within the statute of limitations and help you to preserve your claim. The rules regarding the statute of limitations for Workers’ Compensation claims in Pennsylvania are nuanced and rife with exceptions. You need an experienced lawyer in your corner. To schedule a free consultation, call us at 215-512-1500, or complete our online contact form today.