Appealing a Denied Workers' Comp Claim in Pennsylvania
The deadline to challenge a denied workers' comp claim in Pennsylvania, where to file, and the steps from hearing to appeal.
Short answer: If a claim is denied or disputed, the worker generally must file a claim petition within three years after the injury (or within three years after the last compensation payment). A workers' compensation judge decides the petition; Workers' Compensation Act §§ 315, 423
| Deadline to challenge a denial | If a claim is denied or disputed, the worker generally must file a claim petition within three years after the injury (or within three years after the last compensation payment). A workers' compensation judge decides the petition; any party may appeal the judge's decision to the Workers' Compensation Appeal Board within 20 days after notice of the decision is served, and other parties may cross-appeal within 14 days of the first appeal. Board decisions can be appealed to Commonwealth Court. Read in the Department of Labor & Industry's compilation of the Workers' Compensation Act (Act of 1915, P.L. 736, No. 338, as amended). The compilation prints two versions of § 315 (two-year and three-year); its editor's note explains the three-year version is the later amendment. |
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| Appealing a denial | A workers' compensation judge's decision can be appealed to the Workers' Compensation Appeal Board by filing a Notice of Appeal within 20 calendar days of the circulation date of the decision; appeals can be filed electronically through WCAIS or by mail (not fax or email). Board decisions can be appealed to Commonwealth Court. |
| Deadline to file a claim | Claims are barred unless, within three years after the injury (or death), the parties agree on compensation or a petition is filed. If the employer or its insurer denies the claim, the worker has three years from the date of injury to file a claim petition with the Workers' Compensation Office of Adjudication. For occupational diseases, the disability must occur within 300 weeks of the last hazardous employment, and the petition must be filed within three years from the date of injury/disability. |
Where to get help in Pennsylvania
More Pennsylvania workers' compensation
- Filing a Workers' Comp Claim in Pennsylvania
- How Much Workers' Comp Pays in Pennsylvania
- Workers' Comp Settlements in Pennsylvania
- Retaliation for Filing Workers' Comp in Pennsylvania
- Suing Over a Work Injury in Pennsylvania
- All Pennsylvania workers' compensation rules
FAQ
How long do you have to appeal a denied workers' comp claim in Pennsylvania?
If a claim is denied or disputed, the worker generally must file a claim petition within three years after the injury (or within three years after the last compensation payment). A workers' compensation judge decides the petition; any party may appeal the judge's decision to the Workers' Compensation Appeal Board within 20 days after notice of the decision is served, and other parties may cross-appeal within 14 days of the first appeal. Board decisions can be appealed to Commonwealth Court.
How do you appeal a denied workers' comp claim in Pennsylvania?
A workers' compensation judge's decision can be appealed to the Workers' Compensation Appeal Board by filing a Notice of Appeal within 20 calendar days of the circulation date of the decision; appeals can be filed electronically through WCAIS or by mail (not fax or email). Board decisions can be appealed to Commonwealth Court.
What is the deadline to file a workers' comp claim in Pennsylvania?
Claims are barred unless, within three years after the injury (or death), the parties agree on compensation or a petition is filed. If the employer or its insurer denies the claim, the worker has three years from the date of injury to file a claim petition with the Workers' Compensation Office of Adjudication. For occupational diseases, the disability must occur within 300 weeks of the last hazardous employment, and the petition must be filed within three years from the date of injury/disability.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.