As a lawyer, I can provide advice on appealing a denied workers' compensation claim in Pennsylvania. If your workers' compensation claim has been denied, it is important to understand your options for appealing the decision.
The first step you should take is to file a petition for review with the Workers' Compensation Appeal Board (WCAB) within 20 days of the date of the decision. This is the first level of appeal and will give you the opportunity to present new evidence or argue that the decision was made in error.
If the WCAB denies your appeal, you can then appeal to the Commonwealth Court of Pennsylvania within 30 days of the WCAB decision. The Commonwealth Court will review the record of the case and determine whether there were any errors made by the WCAB.
If the Commonwealth Court denies your appeal, you have the option of appealing to the Pennsylvania Supreme Court. However, the Pennsylvania Supreme Court is not required to hear your case and only takes a limited number of cases each year.
It is important to note that the appeals process can be lengthy and complex. It is recommended that you seek the assistance of an experienced workers' compensation attorney to help guide you through the process and increase your chances of success.
In addition to the appeals process, you may also be able to file a civil lawsuit against your employer if their negligence or intentional conduct contributed to your workplace injury. This is separate from the workers' compensation process and may result in additional compensation.
Overall, if your workers' compensation claim has been denied, you do have options for appeal. It is important to act quickly and seek the advice of an attorney to help navigate the appeals process and protect your rights.
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