The case of a Pennsylvania woman whose workers’ compensation claim petition was reversed is an important reminder of how critical it is to report your work injury immediately to your employer.
A worker claimed that after cleaning 42 tanning beds in one day, she experienced numbness in her right arm and several fingers, and pain in her shoulder. She was awarded temporary total disability benefits after alleging that she suffered a disc herniation with radiculopathy. However, the Pennsylvania Workers’ Compensation Appeal Board reversed the petition, finding that the claimant failed to provide timely notice of her work injury to her employer.
The injury took place on May 25, and the employee told her employer on May 31 that she had pain and numbness going down her arms. However, she did not specifically relate these problems to her work until she sent a letter to her employer on Oct. 11. Since this date was more than 120 days from the date of the work injury, the board concluded that the claimant failed to provide notice in a timely manner and she was denied compensation.
Under the Workers’ Compensation Act, you must give your employer notice that you suffered a work injury within 120 days from the date you became aware that your injury is work related. If your employer refuses to allow you to file an injury report, you should immediately consult a workers’ compensation lawyer to file a claim petition. The attorney team at Michael J. O’Connor & Associates is experienced in the area of workers’ compensation. Contact us for a free review of your case.