Workplace injury
If you suffer an injury at work, you may expect your employer’s workers’ compensation to cover your medical treatment and, when appropriate, lost wages. But what happens if your employer disputes your workers’ compensation claim? A disputed claim can leave an injured worker facing medical bills, lost income and uncertainty about what to do next. Understanding the Pennsylvania workers’ compensation process can help you protect your rights and determine what steps to take.
What is workers’ compensation?
Workers’ compensation is a system that provides benefits to employees who suffer job-related injuries or illnesses. In Pennsylvania, benefits can include medical expenses and wage-loss compensation when an employee cannot work because of a work-related injury. The system generally operates without requiring an injured employee to prove that the employer caused the injury.
Why might an employer dispute a claim?
Employers or insurance companies may dispute workers’ compensation claims for several reasons. They might argue that an injury did not occur in the course of employment or that the employee did not report the injury appropriately. They may also question whether a medical condition resulted from the workplace incident or contend that a worker’s current condition comes from a previous injury or unrelated medical problem.
In other situations, the dispute may involve the amount or duration of benefits. For example, an employer or insurer may argue that an injured worker has recovered sufficiently to return to work or that the worker can perform available employment.
Pennsylvania’s Workers’ Compensation Office of Adjudication handles disputes involving issues such as eligibility for benefits, changes to benefits and medical treatment.
What happens when a claim is disputed?
If an insurance company rejects a claim, an injured employee can file a workers’ compensation claim petition with Pennsylvania’s Workers’ Compensation Office of Adjudication. The petition asks a Workers’ Compensation Judge to determine whether the employee qualifies for benefits.
The process can involve hearings, medical evidence, testimony and other documentation. The judge ultimately issues a written decision. Depending on the circumstances, either party may also have the right to appeal the decision to the Workers’ Compensation Appeal Board.
Because these proceedings involve specific procedures and evidence requirements, an injured worker should take a disputed claim seriously.
How can a personal injury lawyer help?
An attorney experienced in workers’ compensation can help you understand your rights and navigate the dispute. Your lawyer can review the circumstances surrounding your injury, gather relevant medical records and other evidence, communicate with the employer or insurance carrier, and help prepare your claim petition and supporting evidence.
Legal representation can become particularly valuable when the employer questions whether the injury was work-related or challenges the severity of the injury. A lawyer can also represent you during hearings and help address arguments raised by the employer or its insurance company.
Amil Minora Law’s workers’ compensation attorneys help injured workers navigate disputed claims and other obstacles that can arise after a workplace injury.
Knowing what happens if your employer disputes your workers’ compensation claim can make an already difficult situation easier to navigate. If you suffered a work-related injury and your employer or its insurance carrier has denied or challenged your claim, consider speaking with an experienced attorney before making decisions about your benefits.
Amil Minora Law represents injured workers throughout northeastern Pennsylvania. To discuss your situation, contact us at 570-961-1616 or schedule a free consultation through the firm’s website.