Pennsylvania Report of Injury by Employee to Employer to be Filed with Worker's Compensation Agency of State

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Description

Workers' compensation laws are designed to ensure payment by employers for
some part of the cost of injuries, or in some cases of occupational diseases, received by employees in the course of their work. Worker's compensation legislation requires the employer to furnish a reasonably safe place to work, suitable equipment, rules and instructions. State workers' compensation statutes vary by state. The Federal Employment Compensation Act covers non-military federal employees or those workers employed in some significant aspect of interstate commerce.


The compensation acts require that notice of the fact of injury be given to the employer, or to the compensation board or commission, or to the insurance carrier, or to all of them. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Section 319 of the Pennsylvania Workers' Compensation Act provides the statutory authority for the Employer to subrogate to a third party action. The Employer's subrogation interest is a creature of statute, as opposed to an equitable or contractual right to subrogation.

An employee injury is to be reported to the employer within 21 days; if not reported within 120 days from the date of injury or having knowledge of a work-related disease, no compensation is allowed (except for cases involving progressive diseases).

(Reedy), 634 A. 2d 592, 595 (Pa. 1993). 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.

The amount you may be eligible to receive depends on the type and severity of the workplace injury you suffered. Generally, Pennsylvania workers' compensation rates provide two-thirds of your average weekly wage up to a maximum amount.

After your report your injury to a supervisor, your Employer should file a form with the Pennsylvania Workers' Comp Bureau called a First Report of Injury. Your employer or their insurance company may submit additional forms to the Pennsylvania Workers' Comp Bureau.

(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.

The steps to file a workers' compensation claim in Pennsylvania Step 1: Report the injury to your employer. ... Step 2: Get medical attention. ... Step 3: A claim is filed with the Pennsylvania Bureau of Workers' Compensation. ... Step 4: Appealing a denied or disputed claim.

Reporting Injuries Notice must be given no later than 120 days after the injury for compensation to be allowed. The employer is required to immediately report all injuries to its insurer or, if self-insured, the individual responsible for management of its workers' compensation program.

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Pennsylvania Report of Injury by Employee to Employer to be Filed with Worker's Compensation Agency of State