Every Philadelphia, South Philly, and Bustleton employee enjoys protection under a workers’ compensation insurance plan. Commonwealth law says that employers must provide this protection to their workers from the first day on the job. In addition, you can make claims against these policies at no cost to you after suffering an on-the-job injury or illness.
As simple as this process can seem, there are complex legal aspects to making a claim. Not only do you have obligations under Commonwealth law, but you must also know how to protect yourself if a claim results in a denial or an inadequate benefits offer. The knowledgeable lawyers of Gross & Kenny, LLP, are ready to help guide you through the workers’ compensation case process in Philadelphia. This includes explaining what you must do to pursue a claim and how to keep a case moving forward in the event of a denial.
Per the case process, every worker in Philadelphia who wants to receive benefits under a workers’ compensation insurance policy must first report the incident to their employer. Commonwealth law says that employees must provide this notice no more than 120 days after the incident that caused them to miss work.
This notice should be in writing, outline the facts that led to the incident, and how that incident has impacted your ability to perform your job duties.
Once an employer receives this notice, they must inform both their insurance company and the Pennsylvania Department of Labor & Industry. When an employer reports the incident to its insurance company, that company must then work to investigate the claim and either issue an approval of benefits or a denial. This decision has no set time limit, but the insurance company must act reasonably to make a ruling.
Ideally, a workers’ compensation claim will result in the issuance of a fair benefits package. However, a significant portion of claims will result in either a denial or an unfair offer. Here, you have the right to appeal this decision.
Our lawyers are here to help you pursue these appeals after workplace injuries in South Philly and Bustleton. The first step is to engage in talks with the insurance company in an attempt to clarify the reason for denial and come to a settlement. If this fails, our lawyers can file a formal appeal and request a hearing with a workers’ compensation Judge.
This hearing is like a short trial where both sides can present documentary evidence and testimony as to whether workers’ compensation benefits are appropriate. Our skilled attorneys are ready to present your case in person before these judges.
A final route of appeal involves a hearing with the Department of Labor & Industry. This is appropriate when a worker still has not received a favorable outcome after a judge’s hearing, and their denial appears to be a violation of Commonwealth law. A diligent legal advocate from our firm is ready to guide you through the entire workers’ compensation case process in Philadelphia.
The workers’ compensation case process in Philadelphia can be challenging to understand. Because all workers’ compensation cases rely on this process, it is crucial to understand how it works.
All cases start with submitting a notice of injury to your employer. That employer must then report the incident to the Commonwealth and the insurance company, which will result in an acceptance or denial of benefits. If the case results in a denial, you can request a formal hearing with a judge or even the Department of Labor & Industry. At Gross & Kenny, LLP, our lawyers are ready to help workers in Bustleton and South Philly navigate this process and pursue the full benefits that you deserve.
You pay nothing unless your case is successful, so you have nothing to lose from contacting our team today.
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Personal Injury Attorney Philadelphia | Gross & Kenny, LLP