How Long a Workers’ Comp Case Takes in Pennsylvania?

This sounds like a typical lawyer answer, but it depends! Each case is different. Some cases are smaller, with a limited window of wage loss at issue- and these tend to resolve quicker. On the other hand, with serious injuries that involve years of treatment, the settlements can take years from the date of injury.

If a petition is filed, and isn’t settled, the usual time frame for litigation is about 10 to 12 months.  Why is it this long? Under the Rules, each party will have approximately 90 days for presentation of their evidence.  That’s 6 months right there. And, many times, there are continuances for various reasons. Then, the Work Comp Judge will grant the lawyers 30 to 90 days for their written arguments called “Briefs”.  After this, it can take another 3 to 12 weeks to receive a Decision in the mail from the Work Comp Judge.

On the other hand, many petitions are resolved- perhaps the doctors agree with each other. Or, perhaps a global settlement is reached which means the entire Workers’ Comp case is resolved in a Compromise & Release.  So, each case takes it own path.

Call a Certified Allentown Workers’ Comp attorney at Cardamone Law for help with your case by dialing (267) 651-7945 today.

How Long Will it Take To Know if Workers Compensation Accepted My Work Injury Claim?

Once you give notice of your work injury, the Employer/Insurer has 21 days to accept, deny, or temporarily accept your claim. If they do not issue an acceptance, denial, or temporary acceptance within that time frame, they are in violation of the Pennsylvania Workers’ Compensation Act, and subject to penalties, up to 50%, pursuant to the Work Comp Judge’s discretion.

I had recently posted about the Notice requirement. Make sure you give clear notice of your work injury. Simply saying your back hurts may not be enough. If you injured your back while working, make sure to tell your supervisor that you injured your back while working. They should have you fill out an incident report. Many Employers/Insurers will argue that notice was not given. Communication is really important. Some injured workers fear that they may lose their job if they report a work injury because of the culture espoused by the Employer to minimize work injuries- and some of the natural cynicism that accompanies this type of climate. Your Employer can not fire you for reporting a work injury. If they do, they will be subject to a major discrimination law suit.

When the Case is in Litigation

In terms of litigation, when a petition is filed in Pennsylvania Workers’ Compensation Court, the timeline can range from weeks to 18 months or so, for resolution of the particular petition. Sometimes, the parties are able to reach an agreement and enter into a Stipulation where they agreed to certain terms and payment of certain benefits. In other cases, the original 9 to 12 month scheduling Order from the Pennsylvania Workers’ Compensation Judge may have been altered by requests for more time from the attorneys. Why would this happen? Well, sometimes it’s difficult to get a doctor’s deposition date within a time frame- due to the schedules of the doctors, the lawyers, etc.  So, in these situations, the Harrisburg Work Comp Lawyer will ask for additional time- and it’s often granted if the Judge believes it’s for “good cause”.

Also, there is a difference between the life of a claim and the life of litigation. What do I mean by this? If you are currently receiving Pennsylvania Workers’ Compensation benefits, and there is no litigation, well, the life of your claim could have no end- it depends on many things- Did you settle the case? Did you go back to work? When a petition is filed, this starts the litigation process. For example, if you are receiving Pennsylvania Workers’ Compensation benefits, but the insurance company sends you to an Independent Medical Examiner and if that doctor writes a report claiming you are recovered, then the insurance company’s lawyer will file a Petition to Terminate benefits. This puts your case before a PA Work Comp Judge and the litigation can take up to a year or more- again, depending on many things.

When Parties Want to Reach a Settlement

In some circumstances, the parties try to delay the litigation because they don’t want the Workers’ Compensation Judge to decide the issues because they are trying to reach an amicable resolution of the issues before the Judge, or to settle the case in its entirety. Some Pennsylvania Workers’ Compensation Judges are more flexible than others in this regard. The best thing to do is to make sure your opponent is on the same page so that when you make a request to continue or postpone a hearing, that you’re solidified as a team for this particular issue- even if you’re opponents on the legal issues. This will help get the request granted in your favor.

How Long After My First Work Comp Hearing Will I Receive a Decision in My Case?

If the case does not settle, then it usually takes between 9 and 12 months to obtain a written Decision from a PA Work Comp Judge. There are many factors, such as the nature of the petition, the particular Judge it is assigned to, whether there are delays in the case due to scheduling depositions with doctors, etc.

Some petitions such as Penalty Petitions can be much quicker- such as 3 months. Again, it simply depends on a host of factors.

What About Denials?

If your claim was denied and you filed a Claim Petition, that litigation takes approximately 9 months to 1 year until a decision is rendered by the judge. Other types of petitions can be quicker such as a Petition to Review a Utilization Review where depositions are not always necessary.

Timeline of The Claim Petition Process Following a Denial

Having spent over a decade litigating Pennsylvania Workers’ Compensation cases, I have to say that the system is quite fair overall. Both injured workers and employers/insurers have due process- the ability to be heard, the ability to present evidence, and to receive a “reasoned” decision from a Workers’ Compensation Judge.

However, when an injured worker in Pennsylvania has her claim denied at the outset- that is, within 21 days from the date of notice, (at least, theoretically, as we practitioners know that many claims are not accepted or denied within the 21 day requirement), she must file a Claim Petition- even if the denial is unfounded or simply filed to avoid payment. The case then gets set for a series of hearings, a period of six months for medical depositions, and then several months for the written arguments and a decision from the presiding WCJ. This process often takes approximately 12 months. In the meantime, the injured worker is without her wage loss and medical benefits, and forced to live on unemployment compensation, or other available benefits such as short or long- term disability. Frequently, an injured worker whose claim has been denied, has to dip into their life -long savings, just to provide food and shelter for her family. Sometimes, the injured worker has no job to return to, as employers will eliminate the position, terminate the injured worker, or fail to provide work within the doctor’s restrictions.

The effects of this long process are devastating to injured workers in Pennsylvania. Credit is irreparably damaged, savings are exhausted, houses are lost, and stress levels go through the roof- exacerbating the disability, and often causing additional mental problems such as anxiety and depression.

We could speed up this process by instituting a preliminary hearing– similar to our criminal law system, whereby an injured worker in Pennsylvania would have to present a “prima facie” case- perhaps within 30 days of the initial filing, demonstrating vis- a -vis testimony and medical reports, that a work injury and a commensurate disability has occurred. If proven, two thirds of the wage loss and medical benefits would commence, plus statutory interest. If denied, then the case proceeds onto the merits with depositions and full testimony from the relevant witnesses. If the prima facie case is met, the employers would still have the right to defend the case on the merits through the usual process. If the prima facie case is met, but then reversed in the final, written decision, the employers/insurers could seek reimbursement from the Supersedeas Fund.

This is just one idea for speeding up the Claim Petition process in Pennsylvania Workers’ Compensation to avoid the cascading devastation caused by the 12 month waiting period when a claim is denied at the outset.

In the End, Each Case is Different

The last thing you want to do is compare your case to a friend or co-worker’s case. Just because their case settled in 45 days, doesn’t mean yours will. Each case will take its own path and there are so many distinguishing features of each case. Don’t waste your time trying to fit your case into some preconceived idea.

People get sick of hearing “every case is different” but it’s the reality. I’ve handled thousands of cases over 14 years and no two cases have been identical. It is highly recommended that you don’t seek legal advice from neighbors, co-workers, doctors, or family members. Get legal advice from a Certified Pennsylvania Workers Comp Attorney! Pennsylvania Workers’ Compensation is a complex maze of rules and regulations and procedural quirks. Trying to navigate this without an experienced attorney is foolish- and most Judges, at the very first hearing- if you are unrepresented- will tell you this. The insurance company adjustors are not on an equal playing field with you, as they know how to set you up for a weak claim- an attorney like me, who only handles PA Work Comp Cases, will equal that playing field for you and help you maximize your case so that you can get your health back with the income stream to survive.

Make sure your attorney is a Certified Philadelphia Workers Comp lawyer– and not someone who handles many areas of law. Trust in their advice and let them give you their opinions based on their experience.