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Workers’ compensation insurance is designed to protect employees who become ill or injured while on the job. There are different types of workers’ compensation available, including programs that provide payments for lost wages, medical treatment, vocational rehabilitation, and other costs, like prescriptions.
Applying for workers’ compensation is often a more complicated process than a person expects. Additionally, it is not uncommon for a claim to be denied if it is not filed promptly, or if mistakes are made when it is filed. An experienced workers’ compensation attorney can guide you through the claims process and help ensure your claim is properly and accurately filed.
How to File a Workers’ Compensation Case in Wexford
If you become sick or injured while on the job, you’ll need to follow the steps to file a workers’ compensation claim. You can also file for workers’ compensation benefits if your loved one was involved in a tragic accident leading to their death while at work. The steps to file a claim in Pennsylvania are as follows:
Report the Injury or Illness to Your Employer
Pennsylvania law provides an injured worker 21 days from the date of their accident or illness to report it to their employer. You may report the injury after the 21-day period for up to 120 days after the incident, but your benefits will not be retroactive to the date of your accident.
Get Medical Treatment
As soon as you are injured or become ill, see a doctor for an assessment and a treatment plan. Keep detailed records of medical bills, diagnoses, and therapies. Your employer may have a list of preferred doctors they wish you to choose from.
It’s important to be seen by one of these doctors for non-emergent care within 90 days of your accident. After 90 days, you may be able to see any doctor you choose.
Wait for Your Employer to File Your Claim
Your employer will file your claim with the state workers’ compensation insurance bureau. The bureau has 21 days to respond to your claim. You may receive a notice of approval, denial, or temporary approval while further investigation is being done.
If you receive a denial or a disputed claim, you can appeal it. You have up to three years to appeal a workers’ compensation claim. If you don’t take action within that time frame, you may not be able to collect your benefits.
If you need to appeal a claim, a skilled workers’ compensation attorney can guide you. They can help collect evidence to support your claim, handle communication with the insurer, and help protect your rights.
What Does a Workers’ Comp Claim Cover in Wexford, PA?
There are many different types of injuries that qualify a person to receive workers’ compensation. Workers’ compensation is available for workers who:
- Are injured on the job
- Contract a disease
- Have a condition worsen as a result of their employment
Workers’ compensation insurance covers medical benefits for injured and ill employees as well as wage-loss benefits for affected employees. These expenses can quickly add up, and the best way to ensure you receive compensation for your retroactive illness or injury is to file a claim timely and accurately.
Why You Need a Workers’ Comp Lawyer to Help with Your Case
When you are ill or injured, completing paperwork, answering questions, and meeting deadlines are activities you simply may not have the energy to perform. Hiring an experienced, compassionate attorney can allow you the time you need to heal.
When you trust your claim to the experts at Pond Lehocky, you won’t have to worry about gathering necessary documents, filing on time, or appealing a denial or dispute. Your attorney will handle these matters for you so that you can focus on getting well.
How Much Is a Wexford Workers’ Compensation Case Worth?
Each case is different. The amount of workers’ compensation insurance you may be entitled to will depend on several factors like the severity of your accident, your injuries or illness, the amount of work missed, your ability to continue working, and your medical expenses. If your claim has been approved but is not enough to cover your medical bills or treatments, an attorney can help you file an appeal.
What Do I Do if My Workers’ Comp Claim Was Denied?
Denied workers’ compensation claims are not uncommon. Many times the reason a claim is denied is because it is filed improperly. If you have a claim that was denied, Pond Lehocky can help.
During the appeals process, your attorney will collect relevant information about your claim, how and when it was filed, and the reason it was denied. They will file an appeal for you (which can be done electronically or by mail).
- Appeals must be filed within 20 days of the circulation date listed on the judge’s denial. Appeals must be filed with additional copies and sent via certified mail. Copies must also be forwarded to the WCAB for review.
- An appeal brief should then be filed with the Workers’ Compensation Appeal Board (WCAB) on your behalf. The workers’ compensation insurance company will also file a brief.
- You and your attorney will be able to appear before the WCAB to plead your case. There will also be a representative from the workers’ compensation insurance company present, along with their attorney.
What if the Denial Is Upheld on Appeal?
If the WCAB upholds the denial, your attorney may discuss your option of appealing to the Pennsylvania Commonwealth Court. If your claim is denied at this level, you may still appeal it at the Pennsylvania Supreme Court level.
Don’t let an initial denial prevent you from receiving the compensation you deserve. Let the attorneys at Pond Lehocky handle your appeal.
FAQ About Workers’ Compensation in Wexford
How Do I Know if I Have a Workplace Injury Case?
In some cases, it may not be easy to determine if you have a workplace injury case for which you can file a workers’ compensation claim. Speaking to a qualified, experienced attorney can help you determine whether your case is valid and whether or not you should file a claim.
How Do I Find a Workers’ Compensation Lawyer Near Me?
There are many workers’ compensation lawyers available, but when it comes to handling your claim, you want one with a track record of experience and success. You’ll find qualified professionals at Pond Lehocky who are ready to put their decades of experience to work to help you with your claim.
Our success stories are worth listening to because we will give you the same tireless care and attention when handling your case that we have given so many others. It’s why our clients continually refer business to us when they find someone in need of our help. Visit us at our Wexford location at 180 Swinderman Road (across from MD Hyperbaric – Pittsburgh) for an initial consult.
Connect with a Wexford Workers’ Compensation Lawyer Today
If you’re missing work due to an injury or illness, and are considering filing a claim or are in the process of appealing a claim that has been denied, we are available to meet with you. Let us do the heavy lifting of filing, correspondence, and the appeals process while you focus on getting well. Contact us today to schedule a consultation and discuss how we can help you get the compensation you deserve for your work-related injury or illness.