NEW CASTLE, PA – November 03, 2026 – Injured workers in Pennsylvania who experience delays in receiving benefits often worry that a slow claim means a denial is coming, but the two are not the same. New Castle workers’ compensation attorney Lawrence M. Kelly of Luxenberg Garbett Kelly & George P.C. (https://www.lgkg.com/workers-comp-claim-delayed/) has released guidance explaining why claims stall, what Pennsylvania law requires of insurers, and what steps injured workers can take when payments are late. The firm has represented injured workers across Western Pennsylvania since 1933.

According to New Castle workers’ compensation attorney Lawrence M. Kelly, most delays occur because the insurer is still investigating rather than because a decision has already been reached. Adjusters may be confirming that an injury occurred at work, waiting for information from the employer, or reviewing medical records from a treating physician. “A delay is not the same as a denial,” Kelly explains. “It often means the insurer is still investigating, has started temporary payments, or has not yet issued the notice the law requires.”

New Castle workers’ compensation attorney Lawrence M. Kelly notes that Pennsylvania law gives insurers a fixed window to respond. Under Section 406.1 of the Pennsylvania Workers’ Compensation Act (77 P.S. § 717.1), the insurer must accept the claim, deny it, or begin temporary compensation within 21 days after the employer receives notice or gains knowledge of a worker’s disability. The Pennsylvania Department of Labor and Industry monitors compliance with that deadline, and claim administrators must also file a First Report of Injury with the Bureau of Workers’ Compensation within seven days after the disability begins, or within 48 hours if the injury results in death.

Kelly points out that injured workers have important deadlines of their own. Reporting an injury to an employer within 21 days helps preserve the right to benefits dating back to the date of injury, and in most cases notice must be given within 120 days unless the employer already knew about the injury. For latent injuries and certain occupational diseases, the notice period begins when the worker knew or should have known of the injury and its connection to the job.

A common source of confusion involves temporary payments. Attorney Kelly explains that a Notice of Temporary Compensation Payable allows an insurer to begin paying benefits without formally accepting liability, giving the employer time to complete its investigation. “Temporary compensation can continue for up to 90 days,” Kelly says. “If the employer does not file a Notice Stopping Temporary Compensation during that period, the temporary notice automatically converts into a Notice of Compensation Payable, and the claim is treated as accepted.”

When an insurer misses its deadlines or stops payments without authority, penalties and interest may apply. Kelly notes that a Workers’ Compensation Judge can award a penalty of up to 10% of the amount awarded plus accrued interest, and that the penalty can increase to as much as 50% when a delay is found to be unreasonable or excessive. Separately, due and unpaid compensation accrues interest at 10% per year, which is added to the overdue benefits. To pursue a penalty, an injured worker must file a Penalty Petition and demonstrate that the employer or insurer violated the Act.

The New Castle workers’ compensation lawyers at the firm advise injured workers to take practical steps when payments are late. Attorney Joseph A. George recommends keeping a timeline of the injury, the date it was reported, and when each payment was due and received, along with copies of medical records, work restrictions, and wage statements used to calculate the average weekly wage. “Organized records make it far easier to resolve questions if a dispute arises,” George observes.

The firm also emphasizes acting before deadlines expire. An appeal from a Workers’ Compensation Judge’s decision must be filed with the Workers’ Compensation Appeal Board within 20 days, and Claim Petitions and Penalty Petitions are subject to their own filing requirements. When an insurer fails to respond within the 21-day window, injured workers may file a Claim Petition with the Workers’ Compensation Office of Adjudication, after which the employer has 20 days to file an answer before the case is assigned to a judge.

Kelly and George have handled injury claims for people across Lawrence County and Western Pennsylvania for decades, filing Penalty Petitions and Claim Petitions, appearing before Workers’ Compensation Judges, and handling appeals to the Workers’ Compensation Appeal Board.

For those facing a delayed workers’ compensation claim, consulting an experienced workers’ compensation attorney may help protect benefits and move a stalled case forward before important deadlines pass.

About Luxenberg Garbett Kelly & George P.C.:

Luxenberg Garbett Kelly & George P.C. is a New Castle, Pennsylvania law firm that has represented injured workers across Western Pennsylvania since 1933. Attorneys Lawrence M. Kelly and Joseph A. George focus on workers’ compensation, personal injury, and related matters, serving clients in New Castle, Lawrence County, Butler County, and the surrounding region from the firm’s office at 315 N Mercer St. For consultations, call (724) 658-8535.

 

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Website: https://www.lgkg.com/

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Company Name: Luxenberg Garbett Kelly & George P.C.
Contact Person: Joseph A. George
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Phone: (724) 658-8535
Address:315 N Mercer St, New Castle, PA 16101
City: New Castle
State: Pennsylvania
Country: United States
Website: https://www.lgkg.com/

 

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To view the original version on ABNewswire visit: New Castle Workers’ Compensation Attorney Lawrence M. Kelly Explains What Happens When a Claim Is Delayed

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