The act of filing a Workers’ Compensation claim in South Philly or Bustleton is where most injured workers will go wrong, however. A claim for Workers’ Compensation benefits must be strong from the start. A skilled attorney can assist injured employees as they compile the documentation needed to prove that they are indeed entitled to an award of benefits under Pennsylvania Workers’ Compensation Law.
Denials Are Common; Simple Process to Appeal
A denial is disheartening but must be challenged. Fortunately, under Pennsylvania’s Workers’ Compensation Law, there are mechanisms in place to protect the rights of those who have been unfairly denied Workers’ Compensation benefits. Injured employees have three years to file a petition with the Bureau of Workers’ Compensation. If a Workers’ Compensation judge upholds the denial, the case can be argued again before the Workers’ Compensation Appeals Board. An adverse ruling by the Appeals Board can, in turn, be appealed to the Commonwealth Court.
There are certain steps that can be taken during the initial notification of an injury that can bolster a claim. If any coworkers witnessed the workplace accident which led to injury, an employee should obtain from them a detailed written account. Additionally, an employer and their insurer will request all medical documentation of the injuries allegedly sustained. Employees who diligently compile such information – including records of follow-up visits, lab work, and imaging studies ordered and completed – are better positioned to establish the existence of an injury that makes continued work impossible.