Philadelphia Workers' Compensation Claim Petition Lawyer
When you get hurt on the job in Pennsylvania, the state requires your employer to have insurance that can replace your lost wages and pay for any necessary medical treatment as a result of your injuries. However, the benefits to you are not automatic. There is a specific process that you must follow in order to claim benefits. And when filling out the forms necessary to submit your claim, it is important that they be as complete as possible and provide the information that convinces your employer’s insurance company to agree to pay your claim. Failure to provide adequate information can result in delays before receiving your benefits or even in having your claim denied.
At Gross & Kenny, LLP, we have been helping injured workers in Bustleton and South Philadelphia recover the benefits they are entitled to for over 30 years. Our Philadelphia worker’s compensation claim petition lawyers are relentless advocates when it comes to getting our clients compensation for work-related injuries.
You Made a Claim for Workers’ Compensation Benefits and It Was Denied
- You were injured while doing your job.
- You reported it to your employer within 21 days so your benefits would be retroactive to the date of your injury.
- You went to see a doctor from a list of physicians provided by your employer.
- You understood you would hear back as to whether your claim was accepted or denied in another 21 days.
- You haven’t been able to work and have been really counting on the workers’ comp benefits coming through.
- You just received a Notice of workers’ compensation denial.
What should you do next?
The Next Step is to File a Workers’ Compensation Claim Petition
If you believe your workers’ compensation claim was wrongly denied you may file a Claim Petition with the Pennsylvania Bureau of workers’ compensation. You have 3 years from the date of your injury to file your petition but you want to get it filed as soon as possible. Getting benefits is already going to be delayed and the court process does not go quickly.
Once your petition is filed, a judge will then review the evidence of your injury and decide if you should receive benefits. If the judge rules against you, you can still appeal the decision 3 more times but the reality is that the more times your claim is denied the less likely you will receive benefits.
That is why it is so important that your Claim Petition specifically responds to the reasons your claim was originally denied and you can show convincing evidence that will cause a workers’ compensation judge (WCJ) to rule in your favor. If you need legal guidance with this process, do not hesitate to contact a Philadelphia workers’ compensation claim petition attorney.
File an Appeal with the Workers’ Compensation Appeal Board
If the judge has denied your workers’ compensation claim petition, you can appeal the decision with the Workers’ Compensation Appeal Board in Pennsylvania. Bustleton and South Philly workers have just 20 days to file this appeal from the date the ruling is issued by the judge who presided over the case. Use this form to appeal the decision made by the judge: Appeal from the Judge’s Finding of Fact and Conclusions of Law
When you file an appeal with the Workers’ Compensation Appeal Board in Pennsylvania, a Philadelphia workers’ compensation claim petition attorney will ensure that the following occurs:
- The circulation sheet sent with the letter from the judge will be copied and added to the appeal
- Copies of the appeal will be mailed to all of the people named on the Proof of Service Page that comes with the circulation sheet
- Your attorney will review all of the information in the appeal to ensure that it is correct
- The attorney will state in the appeal why they believe the judge made an incorrect decision in your case
File an Appeal With the Commonwealth Court
Should the Pennsylvania Workers’ Compensation Appeal Board deny your appeal, you have 30 days to file an appeal with the Commonwealth Court. The court will examine the evidence presented by both sides in the case and then issue a ruling in writing. Should the Commonwealth Court deny your appeal, you have one avenue remaining to appeal the original decision of the judge: the Pennsylvania Supreme Court. You have a period of 30 days to file an appeal with the Supreme Court.
Reasons Employers Use to Deny Workers’ Compensation Claims
Employers will likely do everything possible to deny a workers’ compensation claim filed by an injured or sickened employee. Employers often use the following reasons when denying a workers’ compensation claim:
- The injury the employee suffered wasn’t serious
- The employee was impaired by drugs or alcohol
- The employee failed to report the injury in a timely manner
- The employee failed to visit a doctor after suffering the injury or becoming sick
- The illness or injury was not work-related
- Fraud has been suspected
- Insufficient information was provided when the claim was filed
- There is a pre-existing condition present
The workers’ compensation system in Pennsylvania is no-fault, which means that in order to receive benefits, an employee does not have to prove that their employer caused the accident that led to their injuries or illness. It also means that if the employee did not act with intent or gross negligence, the employer does not have to prove anything to deny the claim. A Philadelphia workers’ compensation claim petition attorney from Gross & Kenny, LLP, will make the claims process much easier than filing for benefits by yourself.
Philadelphia Workers' Compensation Claim Petition Attorney
Gross & Kenny, LLP, is a firm dedicated to helping injured workers get the compensation they need to treat their injuries and make up for their lost wages. Our Philadelphia workers’ compensation claim petition lawyers are certified specialists who successfully obtain benefits on behalf of our clients.
From the time we take over your claim, we handle everything for you. We evaluate your claim and make sure we get the evidence necessary to get your benefits granted. We are there when you need us. If you call we will get back to you the same day. And if you don’t get compensated, then we don’t get compensated. Click here to contact us for a free consultation today.
If you have questions about your workers’ compensation rights in Pennsylvania or would like to avoid your initial claim being denied, contact a Philadelphia workers’ compensation claim petition attorney from Gross & Kenny, LLP, today for legal representation.