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What Do I Do If My Workers’ Compensation Claim was Denied

workers compensation claim

As an employee in the state of Pennsylvania, if you have been injured or sickened on the job then you have the right to file a claim for workers’ compensation to get reimbursed for your medical expenses, as well as time you may need to take to recover. Once you’ve filed your claim, your employer has 21 days from the date that they are notified of your injury to either approve or deny your claim. When a claim is denied by your company or their insurance company, there are several steps you should take. First you should check to see whether the insurance company has actually received your documentation and had time to investigate your claim – if not, the denial may simply be conditional as they take more time to review your case. If they have received your information and are simply denying your claim, then you need to contact an experienced workers’ compensation attorney from Vanasse Law.

As an injured worker in Pennsylvania, the Notice of Workers’ Compensation Denial that you have received does not mean that you will not get benefits. There are a number of reasons why they may have denied your claim. These may include:

  • Incorrect information on your claim or accident report
  • Missing the deadline for the application
  • The employer or insurer questioning the validity of your claim
  • The employer or insurer questioning the severity of your injury
  • The employer or insurer claiming that the injury was not incurred on the job or was the result of illegal activity

If your claim is denied you are able to file a Claim Petition for Compensation within 3 years of the date of your injury. That petition is submitted directly to the state Bureau of Workers’ Compensation, where a judge will determine whether your claim should be approved or denied.

Though there is no requirement that you use an attorney to represent you in an appeal of denial, it is strongly suggested that you do have legal representation, as your employer or their insurer will likely be represented aggressively by counsel.

An experienced workers’ compensation attorney from the Lancaster law firm of Vanasse Law will help you ensure that all of your documentation is in order. They will help you gather medical records that specifically counter the arguments that are made by your employer, as well as records and eyewitness reports regarding where you were when you were injured and what the working conditions were that contributed to the injury. We will use our experience and knowledge of the law and the process to make sure that you meet all deadlines, that all forms are properly filled out and that you have as much proof as possible to support your case and help you to get the compensation that you deserve. Call us today to set up an appointment to discuss your case.