Suffering an injury while on the job can cause a lot of distress for a worker. They will likely have to pay for medical expenses while also worrying about their income during their recovery.
Fortunately, Workers’ Compensation benefits are often available to cover the costs of work-related injuries. However, there are several steps that must be taken to receive these benefits. Additionally, these benefits will only cover a portion of the lost income. By working with our team, we can ensure that you receive the maximum benefits available to you. In the event that your claim is denied, we can assist you in identifying the reason and guide you through the process of reapplying or appealing the decision.
For a free case evaluation, contact our Workers’ Compensation lawyers at Lerner, Steinberg & Associates today at (215) 355-6400.
Understanding the Workers’ Compensation in Cheltenham, PA
If you sustain an injury while working, it is important to know the proper steps to take to receive compensation promptly. Firstly, you should confirm whether your employer offers Workers’ Compensation insurance to cover your injuries. In the event that they do, you might be eligible for compensation even if you were at fault for the accident. Our Workers’ Compensation attorneys can assist you in preparing the necessary documentation to ensure your claim is approved. However, the process is not immediate, and benefits might not begin for up to seven days.
Determine Your Employer’s Coverage
Starting a Workers’ Compensation claim might seem overwhelming, especially if you did not expect to get hurt at work. However, if your employer is subject to 34 Pa Code § 121.3b(a), they must display information about your Workers’ Compensation rights and how to file a claim. Additionally, new employees must be informed of their rights from day one when their coverage begins.
If you do not see any information about Workers’ Compensation insurance posted at your workplace, your employer might not be in compliance with the law. Fortunately, you can easily verify if your employer has coverage by visiting the Pennsylvania Department of Labor and Industry website. If you discover that they are not providing the required coverage, you might need to take legal action to recover damages for any injuries you sustained while on the job.
Report Your Injuries and File Your Claim
Reporting any injuries sustained is crucial to initiating the Workers’ Compensation process. Prompt reporting increases the likelihood of receiving approval for your claim without any complications. If you are unable to report immediately due to the severity of your injuries, you have a 21-day window to inform your employer about the accident.
Once you have reported your accident, your employer is obligated to file a claim with their Workers’ Compensation insurance provider within seven days. To support your claim for benefits, you will need to provide evidence, such as medical examinations and diagnoses related to your injuries, which should include your expected recovery period. Once you have gathered the necessary documentation, it is your responsibility to personally submit your Workers’ Compensation claim. The necessary forms and steps can be found here.
Visit an Approved Doctor
When employees get hurt during work, they might not know where to go for medical attention. Normally, the employer will offer a selection of doctors to pick from. These doctors are contracted by the employer to provide healthcare, but you must select one from the list if it is given.
Usually, this is not an issue. However, there are times when a doctor might diagnose incorrectly or tell you to go back to work when you are unable to do so. Alternatively, your employer’s physician might recommend surgery. If this happens, you can get a second opinion from your own doctor. Nonetheless, if the second opinion affirms the initial doctor’s recommendation, you have to have the procedure done with that doctor.
Receiving Your Workers’ Compensation Benefits
After your claim is approved, you can anticipate receiving benefits within a week. However, it is essential to determine if the compensation is temporary. Temporary compensation means that the insurance company requires more time to investigate the claim, which can take up to 90 days. Following that, the insurance company must either approve or deny your claim. Once your claim is ultimately approved, you will receive a notice of compensation payable to confirm your compensation agreement. If your claim is denied, you have the option to appeal the decision to a Workers’ Compensation Judge and can appeal further if that proves unsuccessful.
Reasons Why Your Workers’ Compensation Claim Could Be Denied in Cheltenham, PA
The process of dealing with Workers’ Compensation can be quite challenging, as insurance companies tend to utilize different methods to deny claims, regardless of their validity. Nonetheless, comprehending the reasons behind claim rejections can boost the chances of your claim being accepted by fulfilling the required criteria.
The Injuries Were Not Reported Correctly
Proper reporting of accidents to your employer is crucial to prevent claims from being denied. This can often be a reason for claim denial. It is important to be familiar with regulations to avoid this. Immediately report any injuries sustained during an accident to your employer. If this is not possible, inform them within 21 days of the incident.
Missing this deadline can greatly increase the chances of your claim being denied. When reporting the accident, provide detailed information such as the date, time, and location of the incident, as well as the task you were performing. By giving a complete account, you improve the chances of your claim being approved upon initial submission.
The Injuries Were Not Work Related
It is common for Workers’ Compensation claims to be denied due to the injuries not being work-related. In order to receive benefits, it is crucial to prove that the injuries occurred while performing work duties. Sometimes, claims might be declined because the current injuries are the result of pre-existing injuries from a different incident. However, medical examinations can demonstrate how your workplace injuries were caused by the specific accident for which you are filing a claim and whether previous injuries were exacerbated by your current injury.
The Employer Does Not Provide Workers’ Compensation Insurance Coverage
If your employer does not offer coverage, your claim might be rejected. Nevertheless, by law, the majority of workers in Cheltenham are usually covered by their employer’s Workers’ Compensation insurance. Only a few employees, such as federal workers, are not covered by Pennsylvania’s Workers’ Compensation regulations.
Some employers are obligated by law to have Workers’ Compensation insurance. However, some neglect to do so, which violates Pennsylvania law. If you are injured at work, and your employer does not have coverage, you will have to pay for your own expenses, including medical bills and lost wages. Yet, you usually have the option to pursue legal action against your employer if they were obliged to provide coverage.
Our Cheltenham, PA Workers’ Compensation Lawyers Can Help
Call our Workers’ Compensation attorneys at Lerner, Steinberg & Associates at (215) 355-6400 for a free assessment of your case.
