Boss says use my insurance not workers' comp in Erie, do I need a lawyer?
Everyone says "wait and see," but actually 120 days can kill a Pennsylvania workers' comp claim if you do not give notice in time.
If your boss is telling you to use your own health insurance instead of workers' compensation, that is a sign you may need a lawyer now, not later. In Pennsylvania, you should report the injury immediately. If you give notice within 21 days, wage-loss benefits can relate back to the injury date. After 120 days, the claim can be barred. You also generally have 3 years to file a Claim Petition with the Pennsylvania Bureau of Workers' Compensation.
A lawyer is usually worth hiring when any of these are happening:
- your employer says not to report it
- the insurer denies the injury or delays treatment
- you are missing work
- you need surgery, have a fracture, or a serious back/shoulder injury
- they are blaming a "preexisting condition"
- they are sending you through the panel-doctor process and minimizing the injury
For a straightforward accepted claim where medical bills are being paid and you missed little or no time, you may not need one right away.
In Pennsylvania workers' comp, fees are usually contingency fees, often around 20%, and a workers' compensation judge must approve them. That means the fee does not come off every medical bill; it usually comes from wage-loss or settlement money.
What to look for: someone who regularly handles Pennsylvania workers' comp hearings, knows Labor & Industry practice, and can explain deadlines plainly.
Red flags: pressure to sign fast, vague answers about fees, no discussion of your notice date, or a lawyer who mostly handles car crashes but "also does comp."
If you already hired someone, you can fire them mid-case. Do it in writing. Your file should be transferred, and any fee split is typically sorted out in the case, not by making you pay twice.
This is general information, not legal counsel. Your situation has details that change everything. If you were injured, speaking with an attorney costs nothing and could change your outcome.
Speak with an attorney now →