Lancaster Workers Comp Hearing Lawyer
If you have been denied workers’ compensation, you may have to attend a hearing. You likely have many questions about how to appeal a denial, and the timelines that will apply in your case. The exact order and nature of the appeals and hearing process may differ slightly from case to case. However, there are some general guidelines to follow and things to know. Below, our Lancaster workers comp hearing lawyer explains what these are.
Prior to the Hearing
If you have been hurt while on the job, you should report the injury to your employer within 21 days. If you do not notify your employer of the workplace accident and resulting injury within 120 days, you will likely forfeit your right to any compensation at all. If you report your injury within 21 days, you can receive retroactive benefits, but these are not available if you wait more than 21 days. Still, if you notify your employer between 21 and 120 days, you can receive benefits from the date you reported the injury.
The insurance provider covering your employer has 21 days to make a decision on your claim. They may send you a Notice of Compensation Payable, a Notice of Temporary Compensation Payable, or a Notice of Denial. It is important to speak with an attorney who can review any document you receive to determine if was prepared properly.
What is the Workers Comp Hearing Process?
You have three years from the date you received your workers’ compensation denial to file a Claim Petition. After filing this document, a workers’ compensation judge will be assigned to your case. The judge will then schedule a hearing, which is usually between 10 to 30 days of your petition being filed. In the majority of cases, you are required to testify at the hearing.
If your employer filed the petition, they will attend a hearing. During this hearing your employer may ask for a temporary order that allows them to stop paying your wage loss benefits while the litigation is ongoing. You are not required to attend this hearing, but your lawyer will ensure your rights are represented.
Before attending the hearing you must be present at, your lawyer will take depositions from certain individuals such as medical professionals and eyewitnesses to your accident. These all serve as evidence, and the other side will also present evidence that is helpful to their case. You will also have to testify at the hearing about your job, the accident, and your medical history. Once a judge has heard from both sides and reviewed the evidence, they will make a decision on the case. Workers’ comp hearings usually only take one day but in complex cases, they can take longer.
Our Workers Comp Hearings Lawyer in Lancaster Can Provide Strong Legal Representation
If you are attending a hearing, you need strong legal representation. At Ira H. Weinstock, P.C., our Lancaster workers comp hearings lawyer can provide it and give you the best chance at your hearing. Call us now at 717-238-1657 or fill out our online form to schedule a consultation and to learn more about how we can help.