Clarks Summit, PA Work Injury Law: Fatal Work Injury in Pennsylvania? When Must The Claim Be Filed?

Date: February 1, 2012
Posted In: DLP Law
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In the case of a Fatal Claim Petition filed in the death of an employee under the Pennsylvania Workers Compensation act, Section 315 of the act requires that the Petition be filed within three years from the date of death. The filing shall be submitted on the prescribed form, LIBC- 363. In addition to the three year from the date of death filing requirement, the Act also requires that the death occur within 300 weeks from the date of the injury tat gives rise to the death. For example, if an injured employee develops a disease as a result of medical treatment received for a work injury and subsequently dies as a result of that disease, the death must occur within 300 weeks of the initial injury in order to support the Fatal Claim Petition.
In cases involving occupational disease and fatal claims, the Act likewise requires that the compensable disability occur within 300 weeks of the last date of employemnt in an occupation or industryto which the employee was exposed to hazards of such a disease.
If you or a loved one have been injured at work and have questions about a workers compensation claim, call me at 570-347-1011 or email me at tcummings@dlplaw.com for a free consultation.
Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.