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What can I do under Pennsylvania law if my employer denies my workers’ compensation claim?

If your employer denies your workers’ compensation claim, you can file a claim petition with the Pennsylvania Bureau of Workers’ Compensation (Bureau). Workers’ compensation is no-fault insurance required by law for employers to carry to cover the injuries and occupational illnesses sustained by employees in work-related or workplace accidents. It is the exclusive remedy compensation and benefits in Pennsylvania. Therefore, the employee cannot sue the employer in civil court for their economic and noneconomic losses. However, the employee can file a lawsuit against a third party at fault for the accident. If the worker wins a judgment for the damages incurred, the employer and the workers’ compensation insurance provider are not liable for the damage or responsible for paying the award.

You have within 21 days from the date of the injury to give your employer notice that the injury occurred to receive compensation. However, you cannot claim or seek workers’ compensation benefits if you fail to notify your employer within 120 days of the injury date or the knowledge of an occupational disease.

Employers must immediately notify the workers’ compensation insurer of the injury. Within the following 21 days, the employer or insurer must issue a notice or agreement to pay compensation or deny liability and payment. The injured or ill worker files the claim petition to dispute the denial. The Bureau assigns the case to a workers’ compensation judge for a hearing to review the evidence and decide the issues of the case. If you or your employer does not get a favorable decision, either party may appeal the judge’s decision with the Workers’ Compensation Appeal Board.

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The highly competent lawyers at Petrillo and Goldberg represent clients with personal injury claims, workers compensation claims, slip-and-fall cases and automobile accident victims. We work for you, and take our job of getting the best possible results for you seriously.

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