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A denied workers’ compensation claim is not the end of the road. Under Pennsylvania law, you have the right to challenge a denial and fight for the benefits you are owed. Lerner Steinberg & Associates has been fighting denied claims for injured Bucks County workers for over 34 years.
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Under Pennsylvania law, once you report a work injury, your employer has 21 days to accept or deny your claim. During that window, the employer may issue a temporary notice accepting the claim while reserving the right to deny it within 90 days. If your claim is ultimately denied, you will receive a Notice of Workers’ Compensation Denial.
Common reasons insurers deny claims — appropriately or not — include:
A denial is not final. Every denied claim can be challenged by filing a Claim Petition with the Pennsylvania Bureau of Workers’ Compensation. You have three years from the date of injury to file. Do not give up — contact us immediately.
One of the most common denial tactics is arguing that your injury is the result of a pre-existing condition rather than your work. Under Pennsylvania law, this argument does not automatically defeat your claim. If your job duties aggravated, accelerated, or combined with a pre-existing condition to produce the current disability, you may still be entitled to full workers’ compensation benefits. Our attorneys know how to present medical evidence that establishes the work-related aggravation of a prior condition.
Your attorney files a Claim Petition with the Pennsylvania Bureau of Workers’ Compensation. This formally challenges the denial and initiates the hearing process before a workers’ compensation judge.
Both sides present evidence before a workers’ compensation judge — including your testimony, your treating physician’s testimony, and expert medical witnesses. The insurer presents their own doctors and evidence. We prepare you thoroughly for every hearing.
We work with your treating physicians and, when necessary, retain independent medical experts to establish the work-related nature of your injury, your diagnosis, your treatment needs, and your disability. This medical evidence is the backbone of your case.
After both sides submit written briefs, the judge issues a written decision. If the decision is unfavorable, appeals are available to the Workers’ Compensation Appeal Board, Commonwealth Court, and the Pennsylvania Supreme Court.
After your claim is filed, the insurance company will often require you to attend an Independent Medical Examination (IME) with a doctor of their choosing. Despite the name, these examinations are performed by doctors hired by the insurer to support the denial or minimize your benefits. Our attorneys prepare you for what to expect at an IME and know how to challenge IME doctor testimony at hearings with your own medical evidence.
When an employer or insurer denies or contests a claim without a reasonable basis, Pennsylvania law allows injured workers to seek penalties against the insurer. These penalty petitions can result in additional compensation on top of your regular benefits. Our attorneys evaluate every denial for potential penalty exposure and pursue it aggressively when the insurer’s conduct warrants it.
Denied claims are won or lost on preparation, medical evidence, and courtroom experience. Mike Lerner and Ben Steinberg have spent over 34 years fighting denied workers’ compensation claims in Bucks County. We know the local judges, the defense tactics, and how to build cases that overcome wrongful denials. All cases handled on a contingency fee basis — no fee unless we win.
