How To Appeal A Workers’ Compensation Denial

If you filed for workers' compensation benefits after a work-related injury and were denied, you may be frustrated and confused.

What should you do now? Will you really not receive any benefits at all for your medical bills and lost time from work?

An attorney can help you pursue an appeal, which can increase the chances that the denial will be overturned and you will receive the funds to cover your injury-related expenses.

Why Are Workers' Comp Applications Denied?

A workers' compensation application can be denied for a variety of reasons, including:

  • A workers' compensation doctor reports injuries that are inconsistent with the original accident report.
  • No one witnessed the accident that caused your injury.
  • You failed to fill out an accident report or report the injury to your employer within 120 days of the accident.
  • You were laid off or fired before you filed your workers' compensation claim.
  • You did not sign medical authorizations or refused to provide a statement to the insurance company.
  • You tested positive for alcohol or drugs at the time of the accident.

Fortunately, even if your initial claim is denied, you have the right to appeal the state's decision regarding your case.

The Process For Appealing A Workers' Compensation Denial In Pennsylvania

Once you receive the notice of the judge's decision in your case, you must act quickly in order to file an appeal.

You must file an appeal with the Pennsylvania Workers' Compensation Appeal Board within 20 days after receiving the decision. Failing to do so could cause you to forfeit your right to file an appeal.

The Appeal Board will review your case and issue a written decision, typically without a hearing. If the Appeal Board continues to deny your workers' compensation benefits, you can take your appeal to the Pennsylvania Commonwealth Court.

After you receive the Appeal Board's decision, you have 30 days to contact the Pennsylvania Commonwealth Court. The court will review your case and issue a written decision, and typically, the appeals process ends there.

However, if the decision is still unfavorable, you may appeal to the Pennsylvania Supreme Court. Again, you have 30 days to contact the Supreme Court after you receive notification from the Commonwealth Court.

The Supreme Court will review your case to determine if it will allow you a hearing. If not, the Commonwealth Court's decision is final and there are no more appeal options.

Once the Supreme Court issues a written decision, that decision is final.

How To Contact Attorney Sean A. Casey

Attorney Sean A. Casey has significant experience working with clients who have been denied workers' compensation benefits after their initial application. Contact attorney Casey today in Pittsburgh at 412-802-9236, or contact him online.