Workers’ compensation benefits are defined as monetary compensation payable to an employee by his or her employer after the employee suffers an occupational injury. Pennsylvania law also may cover cumulative trauma and occupational diseases under its workers compensation laws. However, instances may exist in which a workers’ compensation claim may be denied by the employer.
For example, one of the major reasons for a claim being denied is the fact that the claim was not filed within allowable timeframes. Employees are generally required to file a claim almost immediately and, in some cases, within a matter of days. Employers are also required by law to communicate the incident to the state or their workers’ compensation insurance carrier within a very short span of time.
A workers’ compensation claim may also be denied if the claim is disputed by the employer or the insurance carrier. In some cases, the employer may dispute the claim by refusing to acknowledge that the accident occurred at work or that the injury or illness is connected to the accident itself. In such instances, the claimant may need to gather additional evidence in the form of witness testimonies or a physician’s statement connecting the accident to the injury in order to reinforce the claim. Employers can downplay the situation and therefore try to deny a claim, since a successful claim will add to their insurance costs and liability.
However, other reasons may exist as to why a workers’ compensation claim is denied. In some states, certain conditions, such as those attributed to stress, are precluded. Sometimes, the injuries that constitute the compensation claim may not be severe enough to qualify. Speaking with an experienced workers’ compensation attorney can help the injured worker meet all of these conditions and ensure that he or she is not denied compensation as entitled by the law and earned through one’s employment.