Free Consultation
While you have a right to apply for workers’ compensation benefits after getting hurt or sick as a covered employee, just filing an application does not mean you will automatically start getting checks. It is not uncommon for workers’ compensation insurance providers to dispute various aspects of a claim or reject it altogether. A well-practiced workers’ compensation attorney from Lowenthal & Abrams can help you understand your options following a claim’s rejection and can develop a plan to move forward with it.
Regardless of the reason, getting the benefits you need after an initial rejection is almost always a complicated process, and it can be nearly impossible to handle effectively without help from an experienced attorney. When you have been denied compensation following a work-related injury or illness, contacting a Bala Cynwyd workers’ compensation denial lawyer should be your top priority.
Why Do Insurance Companies Deny Workers’ Compensation Claims?
An insurance company might deny a workers’ compensation claim because the injured person did not follow proper procedures for filing the claim or perhaps the insurance company did not think the person with injuries had valid grounds for a claim. Improper filing may sometimes be addressed quickly by correcting a typo in an application or providing more documentation about an injury. Other procedural mistakes—like waiting longer than 120 days to notify an employer of an injury—can be much trickier to handle.
When rejections are based on an insurance company’s, or an employer’s, belief that an injury is not as severe as a worker claims it is, or that it did not occur while the worker was performing job-related tasks, or occurred directly because of horseplay or impairment by the injured employee, it is crucial to seek help from a qualified attorney at Lowenthal & Abrams. Our Bala Cynwyd workers’ compensation denial attorneys can help identify exactly why a particular claim was denied and assist with collecting additional evidence that is needed to prove the claim’s validity.
Steps in the Workers’ Compensation Appeals Process
Once someone receives notice from the insurance company that their workers’ compensation claim has been disputed or denied, they have three years after their injury first occurs to file a Claim Petition with the state Bureau of Workers’ Compensation. The Bureau will then forward the claim to a workers’ compensation court judge who may order mediation between the involved parties before deciding during a hearing whether the worker’s claim should be approved.
When an injured person gets an unfavorable outcome from the judge, they have 20 days to appeal their claim to the Workers’ Compensation Appeal Board and 30 days after an unfavorable decision from the WCAB to appeal to the Pennsylvania Commonwealth Court. In extreme situations, a qualified lawyer from Lowenthal & Abrams may be able to help advance an appeal for a Bala Cynwyd workers’ compensation claim to the state Supreme Court. However, it is rare for cases to reach this point.
Seek Help From a Bala Cynwyd Workers’ Compensation Denial Attorney Today
It is essential to understand that having a workers’ compensation claim denied is not the end of the process in terms of you receiving benefits for your work-related injury or illness. That said, successfully appealing against this rejection is not simple, and you will have far greater chances of success with skilled legal counsel on your side than appealing it on your own.
A Bala Cynwyd workers’ compensation denial lawyer can discuss your options in detail during a private initial consultation. Call the skilled attorneys at Lowenthal & Abrams today to schedule an appointment.
