Suffering a workplace injury is unfortunate but common. However, many injured workers might not be aware of how they can recover compensation from Workers’ Compensation.
Most employers in Philadelphia must provide Workers’ Compensation insurance in the event one of their employees is injured. You should report your injuries immediately so there are no unnecessary delays in getting paid. However, you claim can be denied even after receiving benefits initially. However, you can appeal a denial all the way to the Pennsylvania Supreme Court if necessary.
If you suffered injuries on the job, our Philadelphia Workers’ Compensation attorneys can help you get paid to support you during recovery. Contact Lerner, Steinberg & Associates today at (215) 355-6400 for a free assessment of your case.
How to Recover Workers’ Compensation After Being Injured at Work in Philadelphia
Unfortunately, injuries on the job are common, which is why most Philadelphia employers are required to carry Workers’ Compensation insurance in the event one of the employees is injured. However, the Workers’ Compensation process can be complex for those unfamiliar with the process. Victims must meet several reporting requirements when injured at work to get paid. Our Philadelphia Workers’ Compensation attorneys can help you file your claim so that you recover the benefits you are entitled to.
Time Limit to Report Your Injuries
The Pennsylvania Department of Labor and Industry advises injured workers to file claims within 21 days of their accident. Keep in mind that if you do not report your injuries within 120 days of the accident, you may not get paid at all for your injuries. After submitting your claim, there is a waiting period during which the insurance company reviews your application and determines whether to approve or reject it. However, you must be notified of approval or denial of your claim within 21 days of its submission. Essentially, if you file your claim promptly and it is approved, you will likely receive payments in less than a month, depending on the circumstances of your case.
How Long Will It Take to Get Workers’ Compensation Benefits?
How long it will take to get paid Workers’ Compensation benefits depends on your unique circumstances. If you wait days or weeks before filing your claims, it will take longer to receive payment. Moreover, if you report your injuries to your employer immediately, but your employer waits to notify the insurance company, the payment might be delayed. Additionally, if there are errors in your application, missing evidence, or other difficulties in the claims process, your payment could be delayed or your claim denied. If you are having issues with your Workers’ Compensation claim, speak with our Bucks County Workers’ Compensation attorneys for what steps to take next in your case.
How Do I File a Workers’ Compensation Claim in Philadelphia?
To ensure you recover compensation, it is crucial to file your Workers’ Compensation claim as soon after your accident as possible. It is a common misunderstanding among injured workers that their employer must submit their Workers’ Compensation claim to the insurance company. However, employers are only responsible for submitting an initial report of your injuries to the insurance company, which alerts it to your injuries. It also acts to preserve your eligibility to recover compensation. From there, you will be required to provide evidence to support your claim.
Filing a Workers’ Compensation claim takes time. It is important to understand that although you might begin receiving payments within a month, this does not guarantee that your claim has been approved. It is possible that your payments could be stopped if the insurance company decides to deny your claim after further investigation.
Following the initial acceptance of your claim, the insurance company has up to 90 days to investigate your claim further. Thus, ensuring that your claim is as accurate and complete as soon as possible is critical to avoid a halt to your payments. If your initial Workers’ Compensation claim is not denied within 90 days, your claim is automatically approved. Our Upper Darby Workers’ Compensation attorneys can guide you through the claims process and help ensure your claim is supported with the necessary evidence.
What Happens If My Philadelphia Workers’ Compensation Claim is Denied?
Suppose the insurance company denies your Workers’ Compensation claim. In that case, our Philadelphia Workers’ Compensation lawyers can help you appeal the decision so that you can begin receiving payments as soon as possible. Unfortunately, the appeals process can be lengthy and confusing. If your initial appeal is denied, you can take your case further by appealing that decision. However, this will typically cause a delay in receiving your payments. Our Philadelphia Workers’ Compensation attorneys can help you fight your claim denial to the end of the appeals process.
Appeals Made to a Workers’ Compensation Judge
If your claim is initially denied, you can escalate the matter to a Workers’ Compensation judge. Workers’ compensation appeals are usually assigned to a Workers’ Compensation judge according to the county where the employee lives. A notice of assignment will then be issued to the parties informing them which judge is assigned to their Worker’s Compensation hearing. During the Worker’s Compensation hearing, the judge will review evidence and hear arguments before deciding.
Appeals Made to the Workers’ Compensation Appeal Board
Suppose the judge does not rule in your favor. In that case, you can file an appeal electronically or by mail within 20 calendar days of the judge’s decision with the Workers’ Compensation Appeal Board. If the Workers’ Compensation Appeal Board upholds the judge’s decision to deny your claim, you can appeal to the Pennsylvania courts.
Appeals Made to the Pennsylvania Commonwealth Court and the Supreme Court
You will have 30 days from the date of the Workers’ Compensation Appeal Board’s adverse decision to file an appeal with the Pennsylvania Commonwealth Court. If your claim is still denied, you will have the final option of appealing your claim to the Pennsylvania Supreme Court. You must file your appeal to the Pennsylvania Supreme Court within 30 days of receiving the Commonwealth Court’s decision. Our Delaware County Workers’ Compensation attorneys can help you prepare your appeal and ensure you have the documentation you need to support your claim.
Our Philadelphia Workers’ Compensation Attorneys Can Help
If you were injured at work, our Chester County Workers’ Compensation attorneys can help you recover benefits. For a free case review, call Lerner, Steinberg & Associates at (215) 355-6400.