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Can you appeal a workers’ compensation denial?

If you suffer a workplace injury or illness, you may find that you’re unable to immediately return to work. Depending on the circumstances, this may lead you to learn more about the workers’ compensation system.

Filing a workers’ compensation claim sounds easy enough, but it could result in a denial for a number of reasons, such as if your employer argues you weren’t injured at work. If this happens, you only have two options:

  • Give up and forgo the benefits you deserve
  • File an appeal

Rather than give in and let your employer win, there are steps you can take to appeal a workers’ compensation denial. Here’s what you need to do:

  • Review your denial letter: This will provide all the information you need, including the reason for your denial and how to file an appeal.
  • Take action: You don’t have long to file an appeal. In Pennsylvania, you have 20 calendar days from the date of your written decision to take action.
  • Don’t stop: If your first appeal is also denied, take things to the next level. For example, this may include moving the process before an administrative law judge.

It’s your hope that your workers’ compensation claim results in immediate approval and payment of benefits.

However, if you receive a denial letter, you need to take action to protect your legal rights. It’s not always easy to do when dealing with an injury or illness that’s keeping you out of work, but if you neglect to take action you could be missing out on benefits you deserve.

FindLaw Network