Appealing a Workers’ Compensation Claim Denial in PA

Under the Pennsylvania Workers’ Compensation Act, Pennsylvania employees are required to report their workplace injuries to their employers within 120 days from the date the injury occurred. However, it is in workers’ best interest to notify their employers in writing as soon as possible so the workers’ compensation claim can get started. Upon receiving notification, employers must file a First Report of Injury with the Pennsylvania Bureau of Workers’ Compensation and can choose whether to accept or deny the claim. Employers or their insurance companies may deny workers’ compensation claims for various reasons, such as improper reporting or disagreement as to the severity of the worker’s injury.

If a workers’ compensation judge does not overturn the original decision, employees have the option to appeal their denied claims. It is important to file the appropriate forms and meet all applicable deadlines to have the best possible chance of winning an appeal. The Philadelphia workers’ compensation lawyers at Larry Pitt & Associates, P.C. help injured workers prevail in their appeals, so they can get the necessary compensation for their workplace injuries and illnesses.

Process of Appealing a Denied Workers’ Compensation Claim in Pennsylvania

Each state has different procedures and requirements for appealing a denied workers’ compensation claim, therefore it is advisable that employees seek the counsel of a qualified attorney in their geographical area. In Pennsylvania, the following specific appeal process must be adhered to:

  • File the appeal – An Appeal Form must be completed and postmarked within 20 calendar days from the Circulation Date listed on the front page of the Judge’s decision. The original appeal plus two copies must be mailed to the Workers’ Compensation Appeal Board (WCAB) and the envelope must include: a copy of the Judge’s decision and a completed proof of service page as well as a statement of the alleged findings and the specific grounds upon which the appeal is based.
  • Appear before the WCAB – The employer and the employee’s insurance company will each be allowed to submit a written brief and present oral arguments before the WCAB. After considering all evidence and arguments, the WCAB will issue a written decision.
  • Appeal to the Pennsylvania Commonwealth Court – If the WCAB upholds the decision of the Workers’ Compensation Judge, the employee may then file an appeal with the Pennsylvania Commonwealth Court within 30 days of the written decision. The Court will determine whether an error was made or whether the decision was supported by substantial evidence and issue a written decision.
  • Make a final appeal to the Pennsylvania Supreme Court – If the Pennsylvania Commonwealth Court does not issue a decision in the employee’s favor, he or she has one final appeal left to file with the Pennsylvania Supreme Court, although most cases do not reach this stage. A Petition for Allowance of Appeal must be filed within 30 days of the Commonwealth Court’s decision. The Pennsylvania Supreme Court then decides whether to hear the case. If it decides not to hear the case, then the decision of the Commonwealth Court is final; if it decides to hear the case and issues a written decision, then that decision is prevailing and final.

Philadelphia Workers’ Compensation Attorneys at Larry Pitt & Associates, P.C. Know What it Takes to File a Successful Appeal

If your workers’ compensation claim was denied, you may still have a right to compensation. A skilled Philadelphia workers’ compensation attorney at Larry Pitt & Associates, P.C. can help you file the appropriate documents and present a persuasive case upon appeal, so you can get the benefits you need for your workplace injury or illness. Our experienced attorneys have been proudly representing injured workers in Philadelphia and throughout Pennsylvania for over 35 years. To arrange a free consultation, contact us online or call us at 888-PITT-LAW.

We represent injured workers in Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, and throughout Pennsylvania, including those in the communities of Abington, Ambler, Ardmore, Bala Cynwyd, Bensalem, Clifton Heights, Crum Lynne, Darby, Downingtown, Doylestown, Drexel Hill, Essington, Folcroft, Glenolden, Haverford, Havertown, Holmes, Kutztown, Lansdowne, Media, Merion Station, Morton, Narberth, Norristown, Norwood, Philadelphia, Prospect Park, Quakertown, Reading, Roxborough, Sharon Hill, Upper Darby, West Chester, and Wynnewood.

Testimonials

“100% Happy”

Best Workman's Comp law firm in the Philadelphia area. 100% happy with the outcome of my case.

Donna Elmwood

hreview
5.0
2019-02-19T18:18:09+00:00

Donna Elmwood

Best Workman's Comp law firm in the Philadelphia area. 100% happy with the outcome of my case.

“Guided Me Every Step of the Way”

One of the BEST Workman's Comp Lawyers in Philadelphia. Guided me every step of the way, with the positive and negatives that could happen in my case. So happy I stuck with Larry Pitt & Associates
Melinda Matson
hreview
5.0
2019-01-31T17:30:27+00:00
Melinda Matson
One of the BEST Workman's Comp Lawyers in Philadelphia. Guided me every step of the way, with the positive and negatives that could happen in my case. So happy I stuck with Larry Pitt & Associates

“Prompt Responses”

Cannot thank you enough for your prompt responses and for solving my problems without allowing me to go through any stress whatsoever. I greatly appreciate your help with my work injury case.

Michele Leap

hreview
2019-01-28T16:20:04+00:00

Michele Leap

Cannot thank you enough for your prompt responses and for solving my problems without allowing me to go through any stress whatsoever. I greatly appreciate your help with my work injury case.

“Very Knowledgeable”

Excellent, efficient service!!! Very knowledgeable staff!! Highly recommend

Sal Vito

hreview
5.0
2019-01-24T15:27:15+00:00

Sal Vito

Excellent, efficient service!!! Very knowledgeable staff!! Highly recommend

“I am 110% Happy”

Larry Pitt's team is very professional. I am 110% happy with the outcome of mt case.

 

Melissa Yonkers

hreview
5.0
2019-01-18T13:32:01+00:00

Melissa Yonkers

Larry Pitt's team is very professional. I am 110% happy with the outcome of mt case.  

“Very Professional”

Answered or returned calls and emails in a timely fashion. The employees at this firm are working for us the employee, not the employers. Very professional.

Anna Diaz

hreview
5.0
2019-01-15T14:51:34+00:00

Anna Diaz

Answered or returned calls and emails in a timely fashion. The employees at this firm are working for us the employee, not the employers. Very professional.

“They Go Above and Beyond”

The staff of Larry Pitt & Associates cannot be more helpful when going through a tremendously tough time. They are there for you and have answers for you before you even ask. They go above and beyond and are always on top of their game. Their time, consideration and professionalism are more than anyone can ask for. Highly recommend them and their services they provide!

Terri Delaney

hreview
5.0
2018-12-10T13:17:05+00:00

Terri Delaney

The staff of Larry Pitt & Associates cannot be more helpful when going through a tremendously tough time. They are there for you and have answers for you before you even ask. They go above and beyond and are always on top of their game. Their time, consideration and professionalism are more than anyone can ask for. Highly recommend them and their services they provide!

“Best Worker’s Compensation Law Firm in Pennsylvania”

If you're in need of a Worker's Compensation lawyer, do not doubt that Larry Pitt and Associates is the Best Worker's Compensation Law Firm in Pennsylvania

Ryan Hoffman

hreview
5.0
2018-11-16T18:57:03+00:00

Ryan Hoffman

If you're in need of a Worker's Compensation lawyer, do not doubt that Larry Pitt and Associates is the Best Worker's Compensation Law Firm in Pennsylvania

A friend recommended Larry Pitt and associates to me after being hurt at work.

A friend recommended Larry Pitt and associates to me after being hurt at work. They were incredibly compassionate and handled my case professionally with an outstanding outcome.

D.R., client

hreview
5.0
2018-11-16T16:12:21+00:00

D.R., client

A friend recommended Larry Pitt and associates to me after being hurt at work. They were incredibly compassionate and handled my case professionally with an outstanding outcome.

“Thank you for being so professional..”

"Thank you for being so professional in the way you and your staff handles my case. I am a little late showing my appreciation, but thank you so much. If I ever need someone to represent me again, you would be the ones!"

Annette P. Walls

hreview
5.0
2018-11-16T15:51:00+00:00

Annette P. Walls

"Thank you for being so professional in the way you and your staff handles my case. I am a little late showing my appreciation, but thank you so much. If I ever need someone to represent me again, you would be the ones!"
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