Philadelphia Workers’ Compensation Denied Benefits Attorneys
The Workers’ Compensation claim process can be very complex. Understanding and seeking enforcement of your rights to benefits under the law can be frustrating and overwhelming, especially when your employer or its insurance company seeks to limit or deny those benefits. If you think your Workers’ Compensation benefits have been unjustly miscalculated or denied, you need the assistance of a team of Pennsylvania Workers’ Compensation attorneys who can guide you through the process, face off with the experienced attorneys representing your employer or its insurer, and get you the compensation to which you are entitled. Pearson Koutcher Law, is THAT team.
Reporting Your Injury and Temporary Workers’ Compensation Benefits
When you are injured at work, a successful claim depends on your strict adherence to the requirements of the Pennsylvania Workers’ Compensation Act. Your employer is not obligated to pay benefits until they receive notice of your work-related injury. Therefore, you should immediately report your injury to your employer. Time limitations apply so don’t hesitate giving notice for any reason. Upon notice, your employer may accept your claim and voluntarily start paying benefits to you, or they may deny your claim.
When you file a claim for wage-loss benefits, your employer or its insurance company has 21 days from the date of notice of your claim to accept or deny the claim. During that 21-day period, your employer might choose to start paying you temporary compensation benefits, with the right to deny the claim within an additional 90 days. So be aware: although your employer may pay temporary benefits during the first 90 days after your accident or injury, these payments will cease if your claim is denied upon its further review.
Grounds for Denial of Workers’ Compensation Claims
Grounds for denial of a Workers’ Compensation claim may include, but are not limited to:
- the injury is not determined by a physician to have resulted in a disability;
- the injury is not related to the employment;
- the disability is a pre-existing condition and not aggravated or exacerbated by the employment;
- the injured worker is not covered by the Workers’ Compensation insurance, i.e. an independent contractor;
- the delayed, inaccurate or incomplete filing of documents and other administrative problems associated with the claim.
What to Do If Your Workers’ Compensation Claim Is Denied
If your claim is denied, you have no choice but to proceed with litigation. You must file a Claim Petition for Workers’ Compensation benefits in court. Again, time limits for a Claim Petition strictly apply. You need to move quickly and you don’t want to proceed on your own. The attorneys at Pearson Koutcher Law, have represented countless injured workers in Philadelphia and the surrounding Pennsylvania and Delaware areas, fighting for their rights to benefits under the Workers’ Compensation laws. We work hard to prove that our clients suffered workplace injuries or illnesses and are entitled to medical benefits, wage loss compensation, and specific loss benefits.
How Our Workers’ Compensation Attorneys Can Assist You
Our Philadelphia Workers’ Compensation attorneys understand the complexities of a successful Workers’ Compensation claim against an uncooperative employer or insurer. We will carefully and comprehensively gather the evidence to support your claim and file a thorough and accurate Claim Petition with the Bureau of Workers’ Compensation. At the claim hearing before a Workers’ Compensation judge, we will passionately argue your position, skillfully presenting proof of the cause, severity, duration and residual effects of your job-related injury or illness. We will competently present a solid case supporting your claim that will likely include your testimony, along with your doctors’ expert opinions about your condition and the medical treatments necessary for your optimal recovery. We will zealously cross examine employer witnesses and doctors who may provide an opinion consistent with the insurance company’s position.
If Your Claim Is Denied, Contact Our Philadelphia Workers’ Compensation Lawyers
At Pearson Koutcher Law, our workplace injury attorneys fight for the compensation you deserve and the resources you need to move forward and make the best possible recovery – both physical and financial. Your employer’s insurance company will be represented by an experienced Workers’ Compensation attorney. You should be represented by one too. If your employer denies your claim for Workers’ Compensation benefits, contact Pearson Koutcher Law, immediately to talk to an experienced, competent attorney who has only YOUR best interests in mind.