Harrisburg Workers Comp Hearings Lawyer
It is one thing to suffer a debilitating on-the-job injury and have to deal with time off work, pain, hospital and doctor’s visits, and the general anxiety and fear of not knowing what your future looks like; it is another level of stress and frustration for a workers’ compensation claim to be denied. Sadly, this is very common. Many claims are denied due to lack of medical evidence or improperly filled-out paperwork or clerical errors. Other claims are denied for more dishonorable reasons—an employer may simply want to keep their insurance premiums low, or an insurance carrier may be acting in bad faith. If your workers’ compensation claim was denied, the skilled Harrisburg workers compensation lawyers at Ira H. Weinstock, P.C. can help guide you through the next step, which is a workers’ compensation trial, which is called a hearing.
Mediation and Preliminary Hearings
After a workers’ compensation claim is denied, the first step is to enter negotiations, usually through mediation, with your employer’s insurance company. You and your attorney will be in one room, and the insurance adjuster or adjusters of your employer will be in the other. A third, neutral, party (the mediator, who is usually a retired attorney or judge) will go from one room to the next, presenting the wishes of each party to the next, and attempting to find a compromise. If mediation fails, the case is moved on to a hearing. Before the hearing, there will most likely be pretrial conferences or preliminary hearings, though your attorney is usually the one person on your side that attends these. The important thing to remember during all of this is to continue being persistent; 67 percent of initially denied claims end up being paid out within 12 months, according to the Claims Journal.
The Hearing Process
80 to 92 percent of civil cases, such as personal injury claims and workers’ compensation claims are settled out of court, meaning there is no trial or hearing, according to the New York Times. Usually, it is in both parties’ best interest to settle out of court during attorney to attorney negotiations or mediation. But if the other party is unwilling to cooperate, taking them to court is the only way to receive the benefits you need and deserve. During a workers’ compensation hearing, your attorney will argue for the benefits that you desire, and were denied, and will make your case by presenting evidence, carefully analyzing the insurance policy, and comparing the policy to what the insurer has done up to this point. You and other parties, including witnesses to the injury, may be asked to testify under oath.
Evidence in a WC Hearing
- Medical bills, including unpaid medical bills;
- Medical records of the injury or illness;
- Your doctor’s testimony;
- Evidence of your lost wages;
- Employment records; and
Call a Harrisburg Workers Compensation Claims Attorney
An experienced attorney can help you turn a denied workers’ comp claim into a success story. To get started today, call the Harrisburg workers compensation attorneys at Ira H. Weinstock, P.C. at 717-238-1657 to schedule a free consultation.