Chester Workers’ Comp & Work Injury Lawyer

Suffering an injury at work can lead to an array of serious issues. For instance, you may sustain lost income because of the limitations your injury caused and the way it hinders your ability to perform your job duties. Further, the medical bills stemming from your injury may cause significant financial distress.

Accordingly, after being hurt on the job, you may need to pursue Workers’ Compensation benefits. These benefits can provide crucial economic support during periods of distress and uncertainty. Our attorneys can review your potential claim and guide you through the process for recovering payment.

Seek help from our Certified Pennsylvania Workers’ Compensation Specialists by calling Cardamone Law today at (267) 651-7945.

Does Your Employer Carry Workers’ Compensation Coverage in Chester, PA?

Most employers in Pennsylvania are required by law to carry Workers’ Compensation coverage for their employees.

Workers’ Compensation coverage is there so that employees receive payment for medical expenses and lost income related to their workplace injuries, regardless of fault. This means that even if you are to blame for your on-the-job injury, you may still be eligible for benefits. Support from our experienced Workers’ Compensation attorneys can be highly beneficial when assessing your case and determining the proper path to payment. We will offer thorough guidance during each step of the process for pursuing a successful claim.

What Injuries are Covered by Workers’ Compensation in Chester, PA?

Any injuries or illnesses that are sustained while performing work-related duties may be covered by Workers’ Compensation. Even if you have a pre-existing injury that was aggravated while performing duties at work, you may still be entitled to benefits.

Examples of Why Workers’ Compensation Claims Are Denied in Chester, PA

Unfortunately, there are several reasons why an employer or their insurer may deny Workers’ Compensation benefits. For instance, your claim may be rejected for any of the following reasons:

Delayed Reporting

First, delayed reporting can lead to claim denials. Section 311 of the Pennsylvania Workers’ Compensation Act mandates that you must report your on-the-job injury to your employer within 120 days from the date your injury occurred or from the date your injury was discovered. Further, employers and insurance companies may doubt the severity of the injury if there is a significant delay in reporting.

Causation Issues

Workers’ Compensation claims may also be denied if questions arise as to what caused an injury and whether it was work-related. If there is uncertainty or disagreement as to whether your injury was directly caused by work-related activities, then your benefits may be denied.

In many cases, causation issues stem from insufficient evidence or preexisting conditions complicating the causal relationship between victims’ injuries and their workplaces.

Failure to Follow Medical Advice

Additionally, claims may be denied because injured workers fail to follow their doctor’s orders. For example, if you disregard prescribed treatment plans, fail to attend medical appointments, or engage in activities that exacerbate your injury, it may be interpreted as non-compliance. In turn, insurance companies may argue that your non-compliance demonstrates that your injury is not serious.

Inconsistent Documentation

Finally, inconsistencies in documentation can result in the denial of Workers’ Compensation claims. If information you provide to your employer or their insurance company is inconsistent with other evidence, such as surveillance footage or witness testimonies, it can raise doubts about the legitimacy of your claim and prompt a denial.

Appealing a Denial of Workers’ Compensation Benefits in Chester, PA

If your Workers’ Compensation claim is denied, you still may be able to file an appeal to obtain the benefits you seek. Our legal professionals are ready to guide you through each step of the following process:

Negotiating with the Insurance Carrier

When faced with a denial of Workers’ Compensation benefits, the initial step involves negotiating with the insurance carrier. Our attorneys can help reach out to the carrier and engage in direct communication on your behalf. We will aim to clarify any misunderstandings and address any missing information. We will work diligently to convince the insurance carrier to reconsider the denial and potentially accept the claim without the need for further escalation.

Filing with a Workers’ Compensation Judge

If negotiations with the insurance carrier prove unsuccessful, the next step is to file with a Workers’ Compensation Judge. This involves initiating formal proceedings to contest the denial.

Our legal team can help you submit relevant documentation and present your case before the judge, outlining the reasons why your denial should be overturned. This step marks the transition from informal negotiations to a more structured legal process.

Appealing to the Workers’ Compensation Appeal Board

In the event that the initial filing with the Workers’ Compensation Judge does not yield a favorable outcome, you may choose to appeal to the Workers’ Compensation Appeal Board (WCAB).

This appellate body reviews decisions made by judges and considers additional evidence or arguments presented by both parties. The process provides an opportunity for a thorough reconsideration of the case. Following thorough consideration of all presented evidence and arguments, the WCAB issues a written decision regarding the appeal.

Appealing Through the Courts

As a final recourse, if the appeal to the WCAB does not result in a satisfactory resolution, you can pursue further appeals through the courts. However, it is rare that appeals progress to this stage.

What Happens if Your Employer Offers You a Different Position While Receiving Workers’ Compensation in Chester, PA?

Your employer may propose different job tasks, and if you’re able to perform them, you might have to accept the job or risk losing your benefits. If you decline the offered tasks, your employer could petition the court to terminate your benefits. In such cases, our lawyers will advocate for your rights and contest the petition in court.

It is crucial not to return to work without consulting a lawyer first because doing so could jeopardize your benefits, especially if you demonstrate a “partial” disability.

Injured Employees in Chester, PA Can Call Our Law Firm for Help

Get help from our Certified Pennsylvania Workers’ Compensation Specialists at Cardamone Law today by dialing (267) 651-7945.