Workplace injuries can happen when you least expect them—whether you’re on a construction site, in an office, or driving a company vehicle. When they do, Pennsylvania’s workers’ compensation system is designed to help you recover both physically and financially. But here’s the catch: even minor mistakes can result in claim denial or reduced benefits.
At Mooney Law, we’ve helped hundreds of injured workers navigate Pennsylvania’s workers’ comp system. We’ve seen how easily simple errors can undermine a claim. Below, we outline the five most common—and costly—mistakes we see people make when filing a workers’ compensation claim in Pennsylvania, and how you can avoid them.
1. Delaying the Reporting of Your Injury
The clock starts ticking the moment your injury occurs. Pennsylvania law requires that you report a work-related injury to your employer within 120 days, or you may lose your right to workers’ comp benefits entirely. However, to receive benefits retroactive to the date of injury, you must report the injury within 21 days (PA Workers’ Compensation Act, Section 311).
Too often, injured workers assume a minor ache will go away or fear retaliation if they speak up. But delays in reporting not only violate legal deadlines—they also weaken your claim. Insurance carriers often question injuries that aren’t reported promptly, suggesting that the injury may not have occurred at work or is being exaggerated.
Tip: Notify your supervisor or HR department in writing as soon as the injury occurs or you become aware of the injury. Ask them to document your report and request a copy for your records.
2. Being Inconsistent When Describing the Injury
Insurance companies are in the business of paying as little as possible. One tactic they use to deny claims is pointing out inconsistencies in your statements. If what you tell your employer, doctor, or insurance adjuster doesn’t match up—even if it’s just a minor detail—your credibility can be called into question.
For example, saying “I twisted my ankle walking to the break room” to your employer and “I slipped while loading equipment” to the doctor might not seem like a big difference. But to a claims adjuster, that could be enough to argue the injury didn’t happen during your employment.
As a Pennsylvania workplace accident lawyer, we advise our clients to be truthful, detailed, and consistent from day one. Write down the details of the accident—where it happened, what you were doing, who saw it—before memories fade. Use the same language in all your reports.
Tip: If you’re unsure how to phrase something or fear you may have left out key information earlier, speak with a workers’ comp attorney in Pennsylvania immediately to help you clarify and correct the record before it’s too late.
3. Not Following the Employer’s Medical Provider Rules
One of the most significant pitfalls in Pennsylvania workers’ compensation law pertains to medical treatment. Under the PA Workers’ Compensation Act, if your employer has a posted list of approved healthcare providers, you must treat with one of those providers for the first 90 days after the injury (Section 306(f.1)(1)(i)).
Failing to use these providers can result in your employer refusing to pay for your treatment. Many injured workers are unaware of this and proceed directly to their family doctor or a specialist without first consulting a specialist. This seemingly innocent mistake could result in thousands of dollars in unpaid medical bills.
After the 90-day window, you are allowed to switch to any doctor of your choosing, but you must notify your employer about the change.
Tip: Ask your employer for the list of approved providers as soon as you report your injury. Be sure to keep a record of appointments and treatment details.
4. Ignoring or Skipping Medical Treatment
You might feel like you’re tough enough to push through pain—or maybe you’re worried about missing work or losing your job. But skipping medical appointments, failing to follow your doctor’s advice, or discontinuing treatment without being cleared can be devastating to your claim.
The insurance company may argue that your injury has resolved or that it was not severe enough to require continued care. Gaps in treatment give them the perfect opportunity to deny or cut off benefits.
We can’t stress this enough: your medical records are the foundation of your claim. They document your injury, track your recovery, and validate your need for compensation. A lack of detailed and consistent medical documentation is one of the top reasons claims get denied.
Tip: Always attend your appointments, follow all treatment plans, and report all your symptoms—even if they seem minor —to your doctor. Your doctor’s notes will be closely reviewed if your claim is challenged.
5. Trying to Handle Everything Alone
Workers’ compensation is a legal process, not just a matter of filling out a few forms. From the moment your injury is reported, you’re up against experienced insurance adjusters whose job is to minimize your claim. Navigating deadlines, hearings, paperwork, and appeals is overwhelming, especially while you’re recovering.
Many injured workers believe they only need a lawyer if their claim is denied. But involving a Pennsylvania workers’ compensation lawyer early on can help you avoid mistakes that lead to denial in the first place.
Our work injury attorneys in Pennsylvania have helped clients who were denied benefits due to minor filing errors, miscommunications, or missed deadlines—issues that could have been avoided with the proper legal guidance.
We handle all aspects of your claim, allowing you to focus on your recovery. From filing your initial claim to representing you at hearings or negotiating settlements, our role is to protect your rights every step of the way.
Tip: If you’re unsure about your claim, facing resistance from your employer, or just want peace of mind, schedule a free consultation with a workers’ comp attorney in Pennsylvania. There’s no risk, and it could make all the difference in your outcome.
Additional Mistakes That Can Hurt Your Claim
While the five issues above are the most common, other mistakes can also harm your case:
- Posting on social media: Even a simple picture of you smiling at a family event could be used to argue that you’re not as injured as claimed. It is best to avoid social media while you have an active claim.
- Returning to work too soon: Going back before you’re medically cleared can not only worsen your injury but also reduce or eliminate your benefits.
- Failing to report prior injuries: If the insurer finds a past injury you didn’t disclose, it could look like you’re hiding information, even if it’s unrelated.
Being proactive and working with an experienced legal team can help you avoid these pitfalls.
Why Choose Mooney Law
At Mooney Law, we’ve built a reputation for standing up for injured workers across Pennsylvania. We understand the physical, emotional, and financial toll a workplace accident can take. That’s why we fight to ensure you receive every benefit you’re entitled to under Pennsylvania law.
When you work with our firm, you don’t just get a workers’ comp attorney—you get a team that takes your case personally. We stay by your side from start to finish, making sure your voice is heard and your rights are protected.
With offices throughout central Pennsylvania and South-Central PA, we offer local service with the strength and experience of a trusted regional law firm.
FAQ: Workers’ Comp Claims in Pennsylvania
What should I do immediately after a workplace injury?
Notify your employer in writing, seek medical attention from an approved provider, and document everything. The sooner you act, the stronger your claim will be.
Can I still receive workers’ compensation if the injury was my fault?
Yes. Pennsylvania’s workers’ compensation system is generally no-fault, meaning you’re entitled to benefits even if you caused the accident, as long as it wasn’t due to drug use, alcohol, or intentional misconduct.
What happens if my claim is denied?
You have the right to file a claim petition with the Bureau of Workers’ Compensation and request a hearing before a judge. It’s critical to have legal representation at this stage to present evidence and protect your rights.
How much does it cost to hire a workers’ comp attorney in Pennsylvania?
At Mooney Law, we work on a contingency fee basis. That means we don’t get paid unless we recover benefits for you. The typical fee is 20% of your awarded benefits, subject to approval by a judge.
Can I sue my employer instead of filing for workers’ comp?
In most cases, no. Workers’ compensation is an exclusive remedy in Pennsylvania, which means you cannot sue your employer for workplace injuries. However, you may have a third-party claim if another party (like a contractor or equipment manufacturer) contributed to your injury.
Final Thoughts
Filing a workers’ compensation claim can feel like walking through a legal minefield—one wrong step and your benefits could vanish. But when you understand the process and avoid the most common mistakes, you give yourself a much better chance at success.
At Mooney Law, we’re here to make sure that happens.
If you’ve been injured at work, don’t wait. Contact our office today to schedule a free consultation with a Pennsylvania workers’ compensation lawyer. Let us help you secure the benefits you deserve so you can focus on healing and moving forward.
