The last thing anyone who is injured at work needs is to have their Workers’ Compensation benefits denied. When you are injured on the job, unexpected medical bills and the effects of lost wages can pile up quickly. If your Worker’s Compensation benefits are denied, you could find yourself facing an urgent financial situation. Trying to sift through the myriad of red tape involved in filing and appealing a denial can overwhelm you when you’re already dealing with a job-related illness or injury. If you are a Pennsylvania worker injured on the job, our Workers’ Compensation attorneys of Lerner, Steinberg & Associates can help you fight for the benefits you deserve, even if you’ve already been denied. If you have received a Notice of Workers’ Compensation Denial, it is important to contact our Workers’ Compensation attorneys immediately so that we can do everything in our power to overturn your denial of benefits.
Why Your Claim for Workers’ Compensation Benefits May Be Denied
There are many reasons why Workers’ Compensation benefits might be denied.
Improper Reporting
As soon as you are injured in the workplace, you need to contact your employer and report the details of the incident and your injuries. Without proper reporting, you risk having your benefits denied simply because you exceeded the reporting deadline. Your employer has several options at this point. Within the first three weeks, they can decide to approve or deny your claim, or exercise their right to begin temporary benefits while they investigate your claim further. If temporary benefits begin, the employer has the right to stop the benefits at anytime within a 90 day period if they ultimately decide to deny your claim.
Administrative Errors
Paperwork that is late, missing, or inaccurate is a valid and common reason for denial. Careful attention to detail when filing the necessary paperwork is critical. The requirements are specific and it is imperative to adhere to the deadlines.
Nature of Your Injuries
Your physician’s assessment is crucial to a successful claim. You will need a qualified doctor to confirm that your injury is temporarily or permanently disabling, that it did not result from a pre-existing condition that was not aggravated by your job requirements, and that it was directly related to your job. A specific diagnosis and treatment plan must be developed. Reports on the progress of your condition are usually required and the doctor’s assessment of whether or not you can safely return to your job weigh heavily in Workers’ Compensation judgments. Failure to accurately report this information can result in a denial of your Workers’ Compensation benefits.
Coverage of Workers’ Compensation Policy
In some cases, the employer or insurance company may claim that the employee is not covered under the employer’s Workers’ Compensation insurance plan. Independent contractors, part-time employees, and even illegal aliens (“undocumented workers”) have the right to file Workers’ Compensation claims, but they can face difficulty in proving their right to benefits. Skilled, knowledgeable Workers’ Compensation attorneys are the key to successful litigation in these difficult situations.
Why You Need an Experienced Attorney to Fight for Your Denied Benefits
An experienced Pennsylvania Workers’ Compensation attorney like those at Lerner, Steinberg & Associates can fight for your right to benefits even if your claim is initially denied. The appeal process is not an easy one to navigate, and it takes an experienced attorney to prepare you for your day in court. Extensive medical documentation, filing deadlines, and sometimes even expert testimony are required to prove that your illness or injury is indeed a result of your job. Time limitations apply to the appeal process, so you need to contact a reputable Workers’ Compensation attorney immediately to determine the best course of action and ensure that the necessary evidence is presented properly.
If You Were Denied Workers’ Comp Benefits in Philadelphia, Call Our Attorneys
If you have been improperly denied Workers Compensation benefits, contact the workplace injury attorneys at Lerner, Steinberg & Associates for a consultation. In fact, contacting us before you file your claim might actually help you avoid your employer’s initial denial of your claim. We are committed to protecting your rights and pursuing the benefits entitled to you by law. Timing is crucial, so don’t put off contacting us. Our Pennsylvania Workers’ Compensation attorneys can ensure that you meet important deadlines, obtain necessary documentation, and have knowledgeable legal counsel and representation during all proceedings. Being injured on the job or suffering a work-related illness is difficult, but filing a claim for Workers’ Compensation benefits doesn’t have to be. We can help you seek just compensation even if you’ve already been denied. If you are an employee in Philadelphia County, call us today at (215) 355-6400 to schedule your consultation with one of our reputable lawyers or contact us online.
