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Hurt At Work

Workers' Compensation Act — 21 days to give notice, 120 at the outside, and three years to claim

When notice of the injury reaches the employerWhat follows
When notice of the injury reaches the employerWithin 21 days, or the employer already knewWhat followsThe notice section does not hold compensation back
When notice of the injury reaches the employerAfter 21 days but within 120 daysWhat followsNo compensation is due until the notice is given
When notice of the injury reaches the employerAfter 120 daysWhat followsNo compensation is allowed
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Three years to agree on compensation or file a petition. A claim is barred unless within three years after the injury the parties agree on compensation or one of them files a petition. Where compensation has been paid, the three years run from the most recent payment.

The employer and insurer promptly investigate every reported injury. The first installment is paid no later than the 21st day after the employer has notice or knowledge of the disability, and unpaid compensation earns interest at 10 per cent a year. An insurer that disputes the claim notifies the employee on the department's form, stating the grounds. An employer that is uncertain may pay under a notice of temporary compensation payable without admitting liability.

Where the injury or its link to the job is not known to the employee, the time for notice does not start until the employee knows or reasonably should know.

Sources for this section (3)
  1. Workers' Comp. Act 311 — Notice of injury
  2. Workers' Comp. Act 315 — Limitation of claims
  3. Workers' Comp. Act 406.1 — Prompt payment of compensation

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.

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