Schemery Zicolello

Appealing a workers' compensation denial in Pennsylvania

You have worked for your employer for almost a decade as a warehouseman and injured your back. However, the State denied your claim for Pennsylvania Workers' Compensation, what can you do? You can file an appeal with the help of an employment attorney experienced in handling these kinds of complicated matters and assert your right to compensation for your job-related injuries.

Why are claims denied?

There are a number of reasons for an initial claim to be denied and they include:

  1. A doctor for workers' compensation finds and reports that your injuries are not consistent with the original accident report
  2. There were no witnesses to your accident
  3. You did not complete an accident report to your employer within 120 days after the accident happened
  4. You failed to sign medical authorizations or did not give a statement to the insurance company
  5. Alcohol or drugs were found in you at the time of the accident

How to appeal a denial

The good news is you can appeal the State's decision. However, you must appeal within 20 days of receiving the notice of denial from the State. If you don't file the appeal within 120 days, you may forfeit the right to an appeal. If the appeal is denied, you can go higher and appeal to the Pennsylvania Commonwealth Court. But, once again, timing is important as you only have 30 days to contact the court after receiving the Appeal Boards decision.

Lastly, the PA Supreme Court is where you can make the final appeal for a denial of Workers' Compensation. Here again, timing is everything and you only have 30 days from the time the judge in Commonwealth gives you his or her decision.

Should I hire an attorney?

The world of workers' compensation can be difficult to navigate. To initiate an appeal there is no requirement that you hire an attorney. However, understanding the appeals process is challenging and an experienced attorney may move your case more quickly and with the knowledge of all the benefits available.

If you are denied benefits in Pennsylvania, the law firm of Schemery and Zicolello can help. Mary Schemery is an experienced workers' compensation attorney who understands the complexities of Pennsylvania law; she can assess your case and help you proceed with your claim.

Workers' compensation is a complicated area of law. It is important to have the help of an experienced workers' compensation attorney who understands all types of benefits available. Contact an attorney at 570-279-4371 or toll-free 866-497-7991 to schedule a free consultation to discuss your situation and help you seek the benefits you deserve for your injuries.

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