Contesting A Workers’ Compensation Denial

December 13, 2018

best workers comp lawyer Philadelphia

After a work injury, you expect that your medical bills will be taken care of, and that you will receive financial compensation for your lost wages. But that is not always the case. There are times when a workers’ compensation claim is denied, even though you are entitled to benefits. When that happens, it can be devastating to you both personally and financially, but you do have the right to appeal a claim denial.

When you appeal a denied workers’ compensation claim, there are very specific rules you have to follow. It may not be an easy process. You may have to deal with settlement negotiations, several proceedings, and you may have to invest a lot of time and energy into the process. You may even have to submit to an independent medical examination.

You may have the option of resolving the matter through a settlement, or alternatively, a judge will assign a formal hearing, and will ultimately issue a decision on your case. A formal hearing is usually your only opportunity to present your case to a judge, and to show why you are entitled to workers’ compensation benefits. If not done correctly, you may lose your claim. That is why consulting an experienced workers’ compensation attorney is strongly advised.

Finding the Right Work Injury Lawyer

A workers’ comp hearing can be extremely difficult to handle by yourself – especially when your priority should be getting the medical care you need and focusing on healing. But you must also keep in mind that this kind of legal action is very different from other practice areas, and so the attorney you choose should be extremely familiar with – and should have a background of success in workers’ compensation cases. The right lawyer will ensure that you have the proper evidence and that you meet all deadlines. You should feel free to ask a potential attorney about their background, including their level of experience and the successes they have had in cases like yours.

The Appeal Process

The appeals process may seem daunting, but it does not have to be a traumatic experience. At your hearing, there are certain individuals who must appear. They include you, your lawyer, the lawyer for the insurance company, and the judge. There may also be a court reporter, witnesses (such as co-workers, doctors, and others), your employer’s representative, and an insurance company representative.

During the hearing, you will present your case to the judge, who will evaluate whether your case is believable. The hearing may last a few hours; if the claim is complicated, it could take a few days. You should bring with you any medications you need to take for your injury, or any medical devices you may need during an extended period.  Your lawyer will prepare you for anything else you will need.

Certain documents will be presented during the hearing, including medical reports, unpaid medical bills, employment records, evidence of lost wages, expert witness reports, and more. You may have to testify about your injury, your symptoms, and other factors relevant to your case. The judge will review all documents and exhibits and will usually render a decision before the end of the hearing.

Reading Workers’ Compensation Lawyers at Larry Pitt & Associates, P.C. Work Hard for a Successful Appeal for Your Claim

When you are denied the workers’ compensation benefits you have worked so hard for and you are entitled to after an injury, it can sting. Appealing can be a complex, frustrating process – but we can help make it easy. To learn more or to get started, call a Reading workers’ compensation lawyer at Larry Pitt & Associates, P.C. at 888-PITT-LAW, or contact us online for a free consultation.

We serve clients throughout Pennsylvania, including Berks CountyBucks CountyChester CountyDelaware CountyPhiladelphia County and Montgomery County, as well as those in the communities of AbingtonAmblerArdmoreBala CynwydBensalemClifton HeightsCrum Lynne, DarbyDowningtownDoylestownDrexel HillEssington, FolcroftGlenoldenHaverfordHavertownHolmesKutztown, Lansdowne, Media, Merion StationMorton, Narberth, Norristown, NorwoodPhiladelphiaProspect Park, QuakertownReadingRoxboroughSharon HillUpper Darby, West Chester and Wynnewood.