Washington, DC asked in Workers' Compensation for Pennsylvania

Q: If a claim was made but not filed in may,my 3yrs expired this may,am I still eligible for Workers comp

Also I had a lawyer for 2yrs decided not to pursue,this lawyer closed,my job didn't report the injury. Said I quit but was fired. I reported to hospital 1- two days after for the injury. Then I just got a call from hospital saying they have a claim and don't know where to send it from may? But my case was 3yrs this may and now we are in June,i don't know what to do. I don't know if the claim was file in may before the statue ran out? Like I aid the hospital called me asking where to send the Workers comp claim. Being that us said is it a open case and does workers comp have this information? Being the hospital filed it? or is it I'm not going to bother with it? I'm in Pennsylvania I don't know why says Washington DC

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2 Lawyer Answers

Alexander Palutis

Answered
  • Workers' Compensation Lawyer
  • Harrisburg, PA
  • Licensed in Pennsylvania

A: Unfortunately, there is a 3 year statute of limitations for filing a claim petition under the Pa Workers’ Comp Act Section 315.

If you never filed a claim or received any benefits within 3 years of your date of injury, then any claim you would make now would be bared by this statute of limitations.

Glenn Neiman agrees with this answer

1 user found this answer helpful

Timothy Belt

Answered
  • Workers' Compensation Lawyer
  • Kingston, PA
  • Licensed in Pennsylvania

A: Your post appears to have been submitted from Washington, DC. If this is not a PA claim, I would suggest that you check with a lawyer in the state in which the injury happened since rules are different in different states.

If this is a PA claim, you have 3 years to either have the claim accepted or to file a claim petition. If that time has passed, there is probably nothing that can be done. I would suggest that you contact an attorney in your area regardless. It is possible that the claim was reported by your employer and that a document was issued accepting the injury. There is no harm in having someone check this for you.

Glenn Neiman agrees with this answer

1 user found this answer helpful

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