What Should I Do If My Pennsylvania Workers’ Comp Claim Is Denied?

Under Pennsylvania workers’ compensation law, your employer has the first say over where to allow or deny your workers’ comp claim after an on-the-job injury. If your employer denies your workers’ compensation claim, you have additional options, so don’t give up.

If your employer denies your workers’ compensation claim, it’s a good time to consult a workers’ compensation attorney for advice on how to make your claim stronger. The Media, Pennsylvania, law firm of Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP in Media, Pennsylvania, has represented plaintiffs in workers’ compensation lawsuits since 1980. We have extensive experience with workplace injury cases, and we are also experienced litigators who have achieved numerous high-value sums in personal injury cases, including many six- and seven-figure verdicts and settlements.

If your employer denies your workers’ compensation claim, then you have the right under Pennsylvania law to file a claim petition with the Pennsylvania Bureau of Workers’ Compensation. The law gives you up to three years to file this claim, but to receive wage replacement and other benefits, you should file the claim as soon as possible. The claim petition form, known as LIBC-362, can be found on the Bureau of Workers’ Compensation website and downloaded here.

If the workers’ compensation judge denies your claim, you have an additional right to appeal the judge’s denial. You have 20 calendar days from the circulation date of the judge’s decision to file your appeal. The circulation date is the date printed on the front page of the workers’ compensation judge’s decision denying your claim. You can download the appeals form, known as LICB-25/26, here.

If you did not get help from a qualified Pennsylvania workers’ compensation lawyer when you filed your claim petition for workers’ comp benefits, it would be wise to consult an attorney before filing your appeal.

For answers to your questions about Pennsylvania workers’ compensation, including claim petitions and appeals, consider Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP. To schedule a free initial consultation, call 610-565-4055 or 302-594-4535 or contact our Pennsylvania workers’ compensation law firm online.