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What should I do if my Pennsylvania employee is injured?

It’s difficult when a member of your team faces a workplace injury, but we’re here to help you navigate it.

Here’s what to do immediately following the incident:

  • Get the employee medical attention ASAP. This is your first priority.
  • Call your insurance provider to report the incident. They handle situations like yours all the time and will be your best source of information.

Finished? Next, it’s time to organize. You’ll have some forms to fill out in the days following the incident.

Here’s what you need to do in the days after a Pennsylvania workplace incident:

File the first report of injury

If the injured employee misses a shift or more of work, you must fill out an Employer’s Report of Occupational Injury or Disease form (if you’re a Huckleberry customer, you’ll find this form in your online portal) and send it to the Bureau of Worker’s Compensation. You’ll need to send this form within seven days of the incident, and even sooner (within two days) if the injury is fatal.

Fill out the Statement of Wages Form

If the employee ends up missing a week of work during their recovery, you’ll need to fill out a Statement of Wages Form so they can receive their missed pay. This must be filled out within five days after the first week of missed work (so, roughly 12 days after the injury), and sent to the Bureau of Worker’s Compensation. A copy should be given to the employee, too.

Why would you fill out a Statement of Wages form before your insurance company gives its final verdict? The short version: your insurance company needs wage information no matter what happens (and the form will be part of legal documentation in case the claim is denied).

Pass along the Worker’s Compensation Medical Report form

Keep an eye out for the Worker’s Compensation Medical Form. It’ll come from your employee’s healthcare provider and you’ll need to pass it along to your insurance company. Basically, it confirms the details of the existing injury, prescribes light work if needed, and confirms full or partial recovery. The form should be filled out by the healthcare provider and sent to you and your insurance company within 10 days after treatment has started.

Look for the Notice of Compensation Payable (or its opposite: Denial)

Next, the insurance company will make its decision and file a Notice of Compensation Payable (or a denial).  It’s a legal document that contains information about the employee’s medical and wage loss compensation and explains whether or not the claim will be covered by the insurance company.

Is the insurance company’s decision final?

Not necessarily. You can contest the decision in state court if you think it’s incorrect. To get up-to-date information on how to contest a workers’ comp decision, visit the State of Pennsylvania’s Department of Labor & Industry website. That’s where you’ll find the current forms to file as well as any process information you may need to know to contest a claim.

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Disclaimer

All content on this page is for general informational purposes only and does not apply to any specific case, is not legal, tax or insurance advice and should not be relied upon. If you have any questions about the situation for your small business or the latest information in your state, you should contact an attorney for legal advice, an insurance agent or broker, and/or your state's labor or industry agency, board, commission or department. Please note that the information provided on this page may change at any time as a result of legislative action, court decisions or rules adopted or amended by any state or the federal government.