Steps To Appeal A Workers’ Compensation Decision
Workplace injuries in Harrisburg can leave workers temporarily and permanently disabled, and those injured workers need to know what to do in order to seek compensation through the Pennsylvania workers’ compensation system. While it is critical to know what steps you should take in order to file for workers’ compensation benefits, if your claim has already been denied, it is now time to turn to the appeals process. Many injured workers can avoid having to appeal—their claim can be approved upon initial application—by seeking advice from a Harrisburg workers’ compensation attorney. Indeed, many initial claims are denied because of mistakes in the application or other errors that could have been avoided. Yet if you have been denied benefits, it may still be possible to get compensation in the end.
What steps do you need to take in order to appeal a Pennsylvania workers’ compensation decision? The following are the steps involved in the appeals process.
- File an Appeal with the Pennsylvania Workers’ Compensation Appeal Board
This step in the workers’ compensation appeals process is filing an appeal with the Pennsylvania Workers’ Compensation Appeal Board after a Judge renders a decision. Your initial appeal must be filed within 20 days from the date of the written decision about your initial workers’ compensation claim. It is important to remember that 20 days is not much time at all, so as soon as you receive a Judge’s decision denying your claim, it is critical to get in touch with a Pennsylvania workers’ compensation lawyer who can help you with the appeal.
Your appeal must provide detailed information about why you believe your claim was wrongly decided and why you should be approved for benefits, and your lawyer can assist you with this element. Pennsylvania law requires “a statement of the particular grounds upon which the appeal is based, including reference to the specific findings of fact which are challenged and the errors of the law which are alleged.” The statute makes clear that “general allegations which do not specifically bring to the attention of the Board the issues decided are insufficient.” Once you submit the appeal, you will need to wait for a decision from the Pennsylvania Workers’ Compensation Appeal Board.
- Appeal to the Pennsylvania Commonwealth Court
If your claim is denied by the Board, you can file another appeal to the Pennsylvania Commonwealth Court. You must file this appeal within 30 days from the date the Board issues its decision.
- Appeal to the Pennsylvania Supreme Court
If the Pennsylvania Commonwealth Court will not reverse the Board’s decision, then you may still have one more possibility for appeal. In some cases, you can appeal to the Pennsylvania Supreme Court. Your appeal must be filed within 30 days from the date you receive the Pennsylvania Commonwealth Court’s decision. However, the Pennsylvania Supreme Court does not have to hear your case. If the court does decide to hear your case, you will need to prepare to go to court.
Contact Our Workers’ Compensation Lawyers in Harrisburg
If you were denied workers’ compensation benefits and need help with an appeal, an experienced Harrisburg workers’ compensation lawyer at our firm can help you. Contact Ira H. Weinstock, P.C. for more information.
Source:
dli.pa.gov/Businesses/Compensation/appeals/Pages/default.aspx
