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Pennsylvania law allows employers to fire or lay off workers while they have an open workers' compensation claim, but the employer must have a reason that shows they are not retaliating for the injury claim.
Under Pennsylvania workers' compensation law, the exclusive remedy provision means that an employer cannot be held accountable for workplace injuries caused by the employer's negligence.
The claimant must prove not only that he sustained a work-related injury, but also that the work-related injury is the cause of his disability. Cardyn v. WCAB. (Heppenstall), 534 A.
(a) Under section 449 of the act (77 P. S. § 1000.5), upon or after filing a petition, the parties may engage in a compromise and release of any and all liability which is claimed to exist under the act on account of injury or death, subject to approval by the judge after consideration at a hearing.
In Pennsylvania, the limitation period is three years. If you do not file within three years from the date of the injury, you lose your right to recover benefits. Although three years may seem like a long time, it can take months or longer for injuries to be evaluated and discovered.
Workers' compensation coverage is mandatory for most employers under Pennsylvania law. Employers who do not have workers' compensation coverage may be subject to lawsuits by employees and to criminal prosecution by the commonwealth.
The Medical Report Form, LIBC-9, is a form prescribed by the Bureau. Regulation Section 127.203(a) states: Providers who treat injured employees are required to submit periodic medical reports to the employer, commencing 10 days after treatment begins and at least once a month thereafter as long as treatment continues.
Form LIBC-344 First Report of Injury (FROI). As soon as you have been notified of a work-related injury, please fill out this form and submit it to EMPLOYERS. This form must be completed within 10 days from notice of a work-related injury. Fatalities must be reported within 24 hours.