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No. Written notice of a PA Work Injury is not required. However, it will serve to protect you against a notice defense. An injured worker has a maximum of 120 days to give notice (verbal or written) of his/her work injury to the employer. In many cases, an injured worker in Pennsylvania will testify that he/she gave verbal notice, only to have the supervisor or manager testify in court that they never received any notice. As such, leaving a paper trail is a smart way to approach this issue. Be sure to include the nature of your injury, how it happened, and when. If the employer/insurer raises a lack of sufficient notice in the litigation successfully, any claim, no matter how serious, will be barred. Notice is therefore a critical component of a Pennsylvania Work Comp Claim.
I have found that many injured workers are intimidated to report a work injury- for fear of retaliation (this is a violation of law if your employer fires or suspends you for reporting a work injury) by the employer. Some sweep their injury under the carpet until a later time- which can cause major problems in a case. Do not let your employer intimidate you. Reporting your work injury as early as possible is the wise decision. Failing to report it can also serve to potentially worsen your injury by delaying treatment by a panel physician.
If you wish to speak to an experienced PA Workplace Injury Lawyer, call Michael W. Cardamone toll free at 877-560-7090 or email him directly at Michael@cardamonelaw.com
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