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Denied Workers' Compensation

Workers’ Compensation Claim Denials

Workers’ Compensation is a type of insurance that is utilized to protect employees, particularly those injured while at work. Any time you are injured at work and plan on pursuing Workers’ Compensation, there are a few things you should always do.

  1. Always ensure your accident/incident is reported to your supervisor and company.
  2. Always ensure your employer or supervisor fills out any required documents. Check with your company’s handbook on what the process is to report work-related injuries and how to complete that process.
  3. Under no circumstances should you ever quit your job. Quitting your job is the quickest way to guarantee a workers’ compensation denial.
  4. Immediately contact and consult an attorney. Each workers’ compensation case is unique and should be treated as such. The expertise of an attorney can guide you through the trickily unique process.

After you follow those four simple steps, the insurance company will have 21 days to accept or deny your claim. If they do not respond within the 21-day timeframe, they are subject to up to 50% penalties on your claim. Once you receive your decision, it’s still important to act with counsel. Legal representation is a necessity in workers’ compensation cases, because of how unique and fluid they are.

An attorney will not just represent you through the proceedings; they are the guiding light for those afflicted by work-related injuries. Attorneys should inform you how your claim will/should go, what your rights are and what your employers’ rights are, which documents you need to obtain, where and how to obtain the documents, how to complete the documents, which doctors you should and should not see and why, which treatments are acceptable as it pertains legally to your case, and what forms and amounts of compensation you are eligible for. Countless cases have been denied and re-denied, because the claimant did not have an attorney, or had an attorney, and did not follow their legal advice closely.

So, what do you do when your workers’ compensation is denied? Of course, the first step is to make sure you have proper legal representation. The following steps will be extremely difficult if you do not hire an attorney. Next, you’ll begin the claim petition process. This process can be somewhat lengthy and will most likely require multiple visits to workers’ compensation hearings. These hearings may seem intimidating, but in reality, they’re a huge benefit to you, the worker. The judge and hearing are in place to ensure the worker is treated fairly and respectfully. During this time, specific documents, including those with the Pennsylvania Department of Labor & Industry – Bureau of Workers’ Compensation, will be requested with deadlines, and your employer will more than likely have you visit with an Independent Medical Examiner (IME). During the course of your hearing(s), the doctor you visited on the advice of your attorney will present his medical diagnosis of your injury, while the doctor you visited for your Independent Medical Examination will present his. As the proceedings unfolds, it can be overwhelming and draining. Complex terms and processes can have you feeling lost and confused. With proper representation, you will be relieved of these burdens and guided through the labyrinth that is the workers’ compensation legal process.

Ultimately, it is the wish of the court and your attorney to ensure you are properly compensated for any injury that occurred while you were working. Work injuries can cause immediate stress on households, especially those with dependents. At O’Connor Law, we understand how vital it is for working families to receive a steady income, even when injured at work. We take great pride in representing the hard-working men and women of Pennsylvania. With an average hourly wage of over $18 in 2018, Pennsylvania represents a mixture of white- and blue-collar work forces that collectively create one of the strongest economies of any state. These men and women, especially those in blue collar occupations, deserve the best representation possible to guarantee justifiable compensation when unfortunate events occur on the job.

If you, a coworker, a friend, or family is injured while on the job, remember: 1.) ALWAYS report the injury to your superior immediately and follow up to confirm an incident report is filed on record. 2.) Hire proper legal representation to ensure you get the most out of your Workers’ Compensation experience. 3.) Closely adhere to the advice of your attorney. The Workers’ Compensation attorneys at O’Connor Law offer the highest quality representation for those who seek it. If you or someone you know is interested in applying for Workers’ Compensation, or has been injured on the job, contact us NOW! Call 1-800-518-4LAW, visit our website, or come by our office at 608 W Oak St. in Frackville, PA 17931. One of our associates can get you started on the path to proper compensation NOW!

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