If your workers’ compensation claim in Harrisburg, Pennsylvania, has been denied or your employer is trying to reduce your benefits, you may need to go through a formal hearing before a Workers’ Compensation Judge (WCJ). This process can feel intimidating, but knowing how it works in advance can go a long way toward easing that uncertainty.
Marzzacco Niven & Associates has been representing injured workers across the state for years and is ready to put that experience to work for you. We have more than 120 years of combined experience and have recovered tens of millions of dollars for our clients. Call us today at (717) 231-1640 for a free consultation with a Harrisburg workers’ compensation lawyer.
How Marzzacco Niven & Associates Can Help With Your Workers’ Compensation Hearing in Harrisburg, PA
The hearing process is where having the right legal team matters most. Our Harrisburg workplace accident attorneys have spent decades representing injured workers in front of Pennsylvania Workers’ Compensation Judges and understand what it takes to build a case that holds up under scrutiny.
If you hire our Harrisburg personal injury lawyers, we can:
- Prepare you thoroughly for your testimony and walk you through what to expect
- Handle all of the filings and procedural requirements on your behalf
- Retain qualified medical experts and coordinate their depositions
- Challenge your employer’s evidence and cross-examine their witnesses
- Negotiate a fair settlement if the opportunity arises during the process
- File and argue any necessary appeals if the judge’s decision doesn’t go in your favor
Contact our workers’ comp lawyers in Harrisburg, PA, today to get started with your case; you may still be able to receive all of the benefits available under Pennsylvania law.
When Does a Workers’ Comp Hearing Become Necessary?
Not every workers’ compensation case requires a hearing. If your employer accepts your claim and benefits are paid without dispute, the process may never reach a courtroom. Hearings become necessary when there’s a disagreement that the parties can’t resolve on their own.
The most common scenario is when your initial claim is denied by your employer and their insurance carrier. In that case, you and/or your attorney would file a Claim Petition with the Workers’ Compensation Office of Adjudication to bring the dispute before a judge.
Your employer may also initiate a hearing by filing a petition to terminate, modify, or suspend your benefits. Either way, the hearing is the mechanism through which a neutral judge reviews the evidence and makes a binding decision.
How the Pennsylvania Workers’ Compensation Hearing Process Works
Once a petition is filed, the case is assigned to a WCJ who hears cases in or near the county where you live.
From there, the process generally follows these steps:
- All parties receive a Notice of Assignment identifying the assigned judge and hearing details
- The responding party files an answer to the petition within the required time limit
- The WCJ schedules the first hearing, typically within about a month of the petition assignment
- At the first hearing, the judge hears preliminary evidence and sets a schedule for the rest of the case
- Both sides are given time to present their medical and factual evidence, usually around 90 days per side
- After all of the evidence is submitted, both parties file written briefs laying out their legal arguments
- The WCJ issues a written decision with findings of fact, conclusions of law, and a final order
One thing that catches many people off guard is the timeline. From start to finish, the hearing process can take anywhere from six months to well over a year, depending on the complexity of the case.
What Happens After the Judge’s Decision?
Once the WCJ issues a written decision, both sides have 20 days to file an appeal with the Workers’ Compensation Appeal Board. If the appeal is unsuccessful, the case can be taken to the Commonwealth Court of Pennsylvania and potentially to the state Supreme Court in certain circumstances.
If you filed a Claim Petition and the judge rules in your favor, your employer and their insurance carrier will be ordered to pay the benefits you’re owed. If your employer filed to terminate or modify your benefits and loses, your benefits continue as they were. Regardless, knowing that the appeal process exists can give you some peace of mind if things don’t go your way initially.
Contact Our Harrisburg Workers’ Compensation Attorneys for a Free Consultation
A workers’ comp hearing doesn’t have to be something you face on your own. Marzzacco Niven & Associates has the experience necessary to guide you through every stage of the process and fight for the full amount of benefits you’ve earned.
Contact our Harrisburg workers’ compensation lawyers today for a free consultation to review your case and learn about your legal rights and options going forward.