What Should I Do After I Receive a Denied Workers’ Compensation Claim?February 15, 2021
If you have been injured on the job, you could qualify for Workers’ Compensation under Pennsylvania law. Whether it is a work injury from a repetitive task or a more severe injury from an accident, you may file a Workers’ Compensation claim if the injury occurred during or because of your employment. However, denied claims happen for many reasons, so understanding the law is beneficial.
What Does Pennsylvania Law Require After a Work Injury?
After a work injury, it is important to seek medical treatment, and notify your employer that your injury is job-related. Additionally, the following is required to be eligible for Workers’ Compensation:
- Give notice of the injury to your employer within 21 days.
- Be willing to visit a doctor on your employer’s approved list.
- Accept two-thirds of your weekly wage if your claim is approved.
- File a petition within three years if your claim is denied.
Common Reasons for Denied Claims
Insurance companies deny claims for many reasons, and they do not expect you to fight back after a denial. Since benefits can cover health care expenses and even death benefits, having your claim approved can help you recover lost wages and pay for expenses related to your injury. Here are some common reasons claims are denied:
- You did not report your injury on time. If you wait, it is unfavorable because the insurance company could say the injury is minor.
- You had a disqualifying event. Horseplay, not adhering to safety guidelines, or being intoxicated while on the job can cause denied claims.
- You did not see a doctor after your injury. Documentation of your injury is critical to getting your claim approved.
- There is disagreement about the severity of the injury. Even if the company believes you were hurt on the job, they may disagree it was bad enough to see a doctor or miss your shift.
- Your injury is not work related. Some employers will argue that your injury is not really from the job, such as stress-related claims or a repetitive injury.
What to Do if Your Claim is Denied
If your claim is denied, that does not mean it is not valid. You have the right to appeal your denied Workers’ Compensation claim, but there are steps to take to make sure it succeeds at the appeals process. While you have up to three years to file an appeal, the sooner you do it, the better your chances.
Hiring an experienced lawyer will ensure your appeal is handled correctly and greatly increases your chance of securing benefits. They will help you file an appeal, request a hearing, and prepare for the hearing. They will also attend any mediation required by the judge. If you must continue through the appeals process, a Workers’ Compensation lawyer can guide you through each step.
How can a Lawyer Help?
While it is possible to handle Workers’ Compensation claims on your own, it is best to let a lawyer experienced in work injury law help you navigate the process. This is especially true if you are dealing with a denied Workers’ Compensation claim.
Professional legal representation can make a difference in resolving your claim and getting the benefits you deserve. Skilled legal counsel can also review your initial claim to determine the strength of your case. No matter your claim status, a lawyer will prepare documents, ensure they are filed on time, and represent you in front of the judge.
Media Workers’ Compensation Lawyers at the Law Office of Deborah M. Truscello Help Injured Employees Appeal Denied Claims
Accidents happen, even in the workplace. If you have been injured on the job, a Media Workers’ Compensation lawyer at the Law Office of Deborah M. Truscello can help you. For a free consultation, contact us online or call us at 610-892-4940. Located in Media, Pennsylvania, we serve clients throughout Bucks County, Chester County, Delaware County, Lancaster, Montgomery County, Norristown, Philadelphia, Reading, and West Chester, Pennsylvania.