What Happens If My Workers' Comp Claim Is Delayed? - Luxenberg Garbett Kelly & George P.C.
Episode notes
From Luxenberg Garbett Kelly & George P.C. - What Happens If My Workers' Comp Claim Is Delayed? explains what a delayed Pennsylvania workers' compensation claim means for injured workers waiting on benefits. The episode walks through why claims stall, including ongoing investigations, incomplete or late First Report of Injury filings, disputes over the Workers' Compensation Automation and Integration System, and medical causation disagreements. Listeners will hear how a delay differs from a denial and why understanding the insurer's obligations under the Pennsylvania Workers' Compensation Act matters at every stage.
The discussion covers the 21-day deadline under Section 406.1 of the Act, which requires an insurer to accept, deny, or begin temporary compensation once an employer has notice or knowledge of a disability, and how the Pennsylvania Department of Labor and Industry monitors that compliance. It also explains the role of a Notice of Temporary Compensation Payable, how temporary benefits can continue for up to 90 days, and what happens if a Notice Stopping Temporary Compensation is filed or if the notice instead converts into an accepted Notice of Compensation Payable. The episode outlines the penalty and interest provisions available when an employer or insurer violates the Act, including how a Workers' Compensation Judge may award penalties and how overdue compensation accrues interest.
Lawrence M. Kelly of Luxenberg Garbett Kelly & George P.C. has represented injured workers across Western Pennsylvania since 1983, practicing before Pennsylvania state courts and holding Board Certification as a Civil Trial Specialist from the National Board of Trial Advocacy. Joseph A. George also represents injured workers throughout Western Pennsylvania and has been selected to the Pennsylvania Super Lawyers list every year from 2018 through 2025. Together, Lawrence M. Kelly and Joseph A. George have helped clients in New Castle, Lawrence County, and the surrounding communities pursue benefits in delayed, disputed, and denied claims, filing Penalty Petitions and Claim Petitions and appearing before Workers' Compensation Judges.
This episode also offers practical steps for anyone whose payments are late, from keeping a timeline of the injury and reported dates to contacting the claims adjuster in writing and preserving medical and wage records. It explains when a delay can become a denial through a Notice of Compensation Denial, how a Claim Petition can be filed with the Workers' Compensation Office of Adjudication, and how appeals proceed to the Workers' Compensation Appeal Board. Listeners dealing with a delayed claim in New Castle, Lawrence County, or the surrounding region can call Luxenberg Garbett Kelly & George P.C. at (724) 658-8535 to schedule a free consultation.
Luxenberg Garbett Kelly & George P.C.
315 N Mercer St, New Castle, PA 16101
(724) 658-8535