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Appealing a workers’ comp denial in Pennsylvania

On Behalf of | Nov 23, 2021 | blog, workers' compensation |

If you experience an injury or illness at work in Pennsylvania, your employer’s workers’ compensation insurance policy covers the cost of your medical expenses and lost wages. You have the right to file an appeal if the insurer denies your claim.

Learn about the steps to take after a workers’ comp claim denial in the Keystone State.

Submitting your appeal

You can appeal a Pennsylvania workers’ comp decision either by mail or online. However, you must act quickly since you only have 20 calendar days to file in this situation.

Within 30 to 60 days of receiving your appeal request, the court will schedule a date for oral arguments. At this hearing, you or the attorney you hire to speak on your behalf can present your case for workers’ compensation benefits. The opposing side will also have a chance to submit evidence.

Awaiting a decision

Both sides must also submit a summary brief after the oral arguments. The workers’ compensation board will review the evidence presented and reach a decision in your case within six to 12 months.

If you do not agree with the decision, you have the right to submit an appeal to the Commonwealth Court. The court can take up to 12 months to hear your claim if you elevate it to this level.

You can improve your chances of overturning the initial decision by presenting evidence the board did not consider in your initial claim for benefits. Alternatively, you must show that the state applied the law incorrectly when denying you for workers’ compensation.