If you sustain a work injury in Pennsylvania you are entitled to workers’ compensation benefits. Even if you may be entitled to benefits, the employer or the insurance company may deny the claim. If your claim is denied, you can file a claim petition for a hearing.
The first step in obtaining benefits is reporting the injury to the employer immediately. You should include information about the date and time when the injury occurred and how you were injured. After filing a claim, the employer or the insurer can choose to deny or accept the claim.
There are several reasons a workers’ compensation claim may result in a denial, including the following:
- Inadequate proof of the accident
- Failure to demonstrate that the injury was work-related
- Belief that the injury didn’t really happen.
- Failure to notify the employer within the 120-day specified time period
- Failure to file a claim within the statute of limitations
- Belief that the injury was a result of a pre-existing condition
Appealing a Claim Denial
You have three years from the date of the injury to file a claim petition. You must file a Claim Petition with the Bureau of Workers’ Compensation. A workers’ compensation judge will preside over the hearing and will issue a decision.
Should You Hire a Lawyer?
Absolutely yes! Attempting to go to court without a lawyer puts you at an overwhelming disadvantage, which could result in your losing your claim for benefits. If your claim for benefits has been denied, you should contact Cynthia O’Donnell at the Patberg Law Firm. You need an experienced workers’ compensation attorney on your side to obtain the benefits to which you are entitled. Attorney O’Donnell has years of experience in representing workers’
compensation carriers as well as years of experience representing the injured worker. She knows how insurance carriers and their attorneys assess your claim and what they look for in trying to deny your claim. Attorney O’Donnell will assist you in getting the benefits that you deserve. For a free consultation, contact Attorney O’Donnell at (412) 232-3500 or firstname.lastname@example.org.
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