My workers’ compensation claim has been denied. Now what?

If you filed a claim for benefits and have received a denial, there are still options available to you. Most importantly, know that you do not have to give up your right to workers’ compensation benefits simply because your claim was denied. Talking to a workers’ compensation lawyer can help you determine whether an appeal is the best course of action.

If the insurance company denies your claim, you will need to file a petition with the Pennsylvania Office of Adjudication.  Filing your appeal online the preferred method, although you may also file by mail.

You must file your petition within strict time limits. For most injuries, you must file your petition within three years of your accident or injury. However, if the insurance company made benefits payments and stopped, you can file within three years of the last payment.  A trap for the unwary is the fact that the payment of medical benefits by your employer does not push this deadline back.  Only the payment of lost wage benefits will toll the deadline.

If you have an occupational disease, such as asbestosis, you must file within three years after you know (or should know) that your disability was caused by work. The disability also must have occurred within 300 weeks of the last date of employment.

Once you file your appeal, your case will be assigned to a workers’ compensation judge and a hearing will be scheduled.

If your claim has been denied by your employer or its workers’ comp insurer, the Erie workers’ compensation lawyers of McCormick and Vilushis can file a claim petition on your behalf.  We’ll make a thorough investigation of the circumstances of your accident and your injuries in order to refute the basis of the denial of your claim.

All initial consultations with McCormick and Vilushis are free and we collect no fee unless we settle your case or protect your benefits from being taken away or changed. For further information concerning how we can help you with you workers’ compensation claim, contact the Erie workers’ compensation attorneys at McCormick and Vilushis.

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