In that case, the worker has the right to file a Claim Petition . In the case of a denial, the injured worker files a Claim Petition , Reinstatement, or Disfigurement claim. An injured worker, who has alerted the employer of a work-related injury or illness within the required 120 days, has three years from the date of injury to file a Claim Petition . It is best to file as early as possible. Mere payment of medical benefits is not the same as the acceptance of a claim.
Claims involve lost wages.
In addition to lost wages, a worker can file a claims petition for a specific loss or for a scar, to the head, face, or neck that was caused by an injury at work, or is due to surgery related to the at-work injury. If the claim was acknowledged within the 3 year time period, the worker can still go back to collect the scar benefit. Following a termination or suspension of their workers' compensation payment, injured workers can file a Reinstatement Petition if they experience a recurrence of the disability which results in a lack of earning power. The case is assigned to a Workers' Compensation Judge After a Claim Petition is filed, the Bureau of Workers' Compensation usually assigns the case to a Workers' Compensation Judge who sits in the county where the injured worker lives. The judge will then schedule a workers' compensation hearing.