How long does it take for a Claim to be Accepted?
Posted on Thursday, July 5th, 2018 at 4:57 pm
So another question we get a lot from our clients that have been injured at work is “how long will it take for the insurance company to accept my claim?” and the reality of that is there are laws of what the insurance company has to do and those laws say that within twenty-one days of being notified of your work injury, you have to issue a document either accepting or denying the claim so it really should take no more than three weeks for you to know whether or not the insurance company is accepting your claim, if they don’t , they have violated the Pennsylvania workers compensation act and because of that, if we take your case we will help you in filing a penalty against them for not doing what they are supposed to do, for not giving you a clear understanding of where you stand and what’s going on, how am I going to be paid? Who’s going to pay for my medical treatment? Along those lines are: will my claim be accepted? Will I get wage loss benefits?
The law provides that if you are out for more than seven days of work, you then can get wage loss benefit beginning on the eighth day. If you are out for fourteen days of work then your wage loss benefit will have to retract to day one and that should all be listed on something called a notice of compensation payable again the document that needs to be issued within twenty-one days of being notified of your injury that the insurance company is accepting your injury also listed in your documents is going to be the exact nature of your injury as well as what they have determined your average weekly wage to be and your workers compensation rate, the calculation average weekly wage could be really complicated at times it really depends on how are you paid? Are you hourly? Are you salary? and for how long have you worked for that employer?
To figure that out you really need to meet with an experienced workers’ compensation attorney who knows how to calculate your average weekly wage who knows whether or not the insurance company is paying you the correct rate. Are they taking into account all your overtime? Are they taking into account any bonuses you may have received? All things that we asked or gather information about at our initial consultation with any workers that have been injured on the job.