Philadelphia Workers' Compensation Lawyer

Chances are you have been told that you don’t really need a lawyer to get compensation benefits. Unfortunately, relying on your employer to do the right thing could mean not receiving the full benefits you deserve or being forced to go back to work before you are ready.

Your health always comes first following a work-related accident. That said, there are also steps you should take to protect your claim for compensation whenever possible. You are required to notify your employer of your work-related injury, and the failure to do so could have steep consequences.

Under the law, you must give notice of your injury within 21 days of the accident. However, there are situations where that deadline could be extended in cases of serious injuries. The sooner you notify your employer or supervisor of an injury, the better. This is true even if an injury seems minor at first.

An employer does have the power to require you to attend a doctor that they suggest. An employer can create a list of six acceptable doctors, and you have the option of choosing from that list. You may not be required to remain with that physician forever, and you could choose your own doctor if your employer fails to provide this option.

In many cases, you will not have to wait long to secure benefits through the Workers’ Compensation system. According to the law, your employer and the company that provides its insurance coverage must reach a decision on your claim within 21 days of receiving it. If the company agrees your injury was work-related, they will issue a Notice of Compensation Payable that informs you of when your payments begin.

Of course, insurance companies and employers will not always agree to these benefits. In many cases, they will reject the claim by issuing something known as a Notice of Compensation Denial. In these cases, it can take much longer to receive benefits.

Existing benefits being challenged? Call for a free, confidential consultation with an experienced Philadelphia Workers’ Compensation lawyer serving Bustleton and South Philadelphia.

If your claim has been denied, you might still have an opportunity to secure the benefits you deserve. The workers’ compensation system has an appeals process, and many workers are able to overturn a denial.

If the initial decision by your workers’ compensation judge goes against you, the first step in the appeals process involves the Pennsylvania Workers’ Compensation Appeal Board. The board has the power to hear your case, but only if you file your appeal within 20 days of the initial decision in your case. The Appeals Board will consider your case and decide to either uphold the decision or rule in your favor. If the board sides with you, the process comes to an end and you receive the benefits you require.

There is no guarantee of a favorable outcome at the Appeal Board level. You can appeal a denial by the Appeal Board to the Pennsylvania Commonwealth Court. You have 30 days to proceed with an appeal at this level. The court will review the case to decide if there were any errors made.

The final step of the appellate process involves the Pennsylvania Supreme Court. You have 30 days to file the appeal with the highest court following a decision from the Commonwealth Court. The Supreme Court is not obligated to hear every case, and often chooses not to take up an appeal.

Are your clients in good hands?
We gladly accept and pay Workers’ Compensation referrals. Don’t delay, call the Law Offices of Gross & Kenny, LLP today.