Workers’ Compensation: How to Handle an Employer Who is Uncooperative about Your Claim

January 10, 2017

Pennsylvania law requires all employers to carry workers’ compensation insurance, or prove to the Department of Labor that they are self-insured. However, much like any other kind of insurance, whenever you file a claim against your policy, your insurance rates can go up. While employers want to provide a safe work environment for their employees so that they can be safe, the fewer workplace injuries and workers’ compensation claims, the lower their premiums. While most employers are helpful and they file injury reports on time, some employers are reluctant to be helpful when an employee is injured on the job and files a workers’ compensation claim and they can be uncooperative to an injured employee.

From the date that you file your workers’ compensation claim for partial wage replacement benefits because you will be out of work with your injury, your employer’s insurance company has 21 days from the date when you file your claim to either accept or deny your claim. It is possible that your employer may pay you temporary benefits during that 21-day period, while reserving the right to deny your claim within 90 days.

If your employer’s unwillingness to be cooperative with your successfully filing a claim for workers’ compensation, or if you believe that your claim has been unjustly denied, you can work with an experienced Philadelphia workers’ compensation attorney who will support you in developing the evidence required and file a petition with the Pennsylvania Workers’ Compensation Bureau to appeal the denial of your claim.

The good news is that in Pennsylvania, employers are required to comply with workers’ compensation rules and regulations. If they choose to be uncooperative in an effort to delay or deny your receiving benefits, do not hesitate to find a lawyer to represent you. Workers’ compensation attorneys typically take cases on a contingency fee basis, which means that they take their fees from a portion of the settlement that you receive. Attorney fees for workers’ compensation cases varies, but is a percentage of the benefits (approximately 20 percent) with some additional costs that depend on the complexity of your case. You can meet with an attorney for a free initial consultation and they will let you know how much they will charge in legal fees and an estimate of additional costs. A workers’ compensation judge must approve your lawyer’s bills for their fees and additional costs.

There is no need to feel intimidate by an employer who seems to be giving you a hard time about claiming your workers’ compensation benefits. With strong legal representation on your side, you can be assured that you will obtain fair compensation when you have been injured in a workplace accident.

Do you feel like your employer is being purposely uncooperative with you because you filed a workers’ compensation claim, or because you require special accommodations once you returned to work after being out with a workplace injury? If so, we invite you to speak to one of our experienced Philadelphia workers’ compensation attorneys at Larry Pitt & Associates. We protect your interests and we fight for fair compensation on your behalf. You are welcome to call 888.PITT.LAW or fill out our contact form to schedule an appointment for a free consultation today. We proudly serve clients throughout Berks, Bucks, Chester, Delaware, Montgomery and Philadelphia Counties.