Harrisburg Workers Comp Claims Lawyer
All employers in Pennsylvania who hire at least one employee are required to participate in the workers’ compensation program. Workers’ compensation benefits are meant to provide a source of income for employees who become injured due to a workplace accident. Unfortunately, obtaining the workers’ comp benefits you deserve is not easy. Below, our Harrisburg workers comp claims lawyer explains the process and how to obtain the full benefits you deserve.
Report the Injury
You have 21 days from the date of the accident to report your injury to your employer. If you report the injury after 21 days, but within 120 days of the accident, you can still file a claim. However, you will only obtain benefits for your medical expenses and lost wages from the date you reported. You cannot obtain retroactive benefits. After 120 days have passed, you may not be able to obtain any benefits at all. You should always follow the protocol outlined by your employer for reporting an injury and you should also report it as soon as possible.
Seek Medical Attention
You need medical attention for your injuries and you should see a doctor right away. Your employer may have a list of approved medical providers. If so, you must see one of these physicians for the first 90 days of your injury. After that time has passed, you are generally allowed to choose a doctor of your own choosing.
Filing a Claim
After reporting the injury, your employer will file a claim with the Pennsylvania Bureau of Workers’ Compensation. The insurance company representing your employer has 21 days to take action on your claim. After 21 days, the insurer must tell you if your claim has been approved or denied. The insurer can also temporarily approve the claim to extend the investigation for another 90 days.
Appeal or Deny a Disputed Claim
If your claim is denied by the insurance company, you have three years to file a Claim Petition for Workers’ Compensation with the Bureau. If you do not file a Claim Petition within this time, you will likely lose the right to receive workers’ compensation benefits even if you were hurt in a workplace accident.
After you file your claim petition, your case is assigned to a workers’ compensation judge. You and the insurer will attend a hearing in front of a judge and you will both have the opportunity to present evidence. In most cases, judges assign these cases to mediation or a settlement conference. If these options do not settle your case, the judge will make a decision to resolve the issue.
Our Workers Comp Claims Lawyer in Harrisburg Can Help You Through the Process
The workers compensation system is meant to protect employees in the state, but the process can be complex. At Ira H. Weinstock, P.C., our Harrisburg workers comp claims lawyer can guide you through it so you obtain the full benefits you are entitled to. Call us now at 717-238-1657 or contact us online to schedule a free case evaluation and to learn more.