There are many reasons why an employer might choose to deny an initial workers' compensation claim. After nearly twenty years of litigating Pennsylvania workers' comp cases, we think we've seen most of them, but once in a while, we'll see a new basis for the denial. If you believe your claim petition for lost wage benefits was unfairly denied, contact the Pittsburgh workers' comp attorneys at Dugan & Associates.
The employer has 21 days from the date of the injured employee's claim for lost earnings benefits in which to accept or deny the claim. In close cases, the employer might choose within the 21-day period to make a temporary payment of workers' compensation benefits, but reserve the right to deny the claim within an additional 90 days. In the meantime, temporary lost wages benefits would be payable. Grounds for denial of a workers' comp claim can include:
- Refusal of a physician to determine that the injury is disabling
- The injury was not incurred in the course of employment
- The injured worker is not an employee, but an independent contractor
- The disabling injury is in fact a preexisting condition
- Delay in processing the claim due to lost files, incomplete reports, or other administrative reasons
- The need for additional information about the accident, the injury, or both
If your claim has been denied by your employer or its workers' comp insurer, the Pittsburgh workers' compensation lawyers of Dugan & Associates can file a claim petition on your behalf. We'll make a thorough investigation of the circumstances of your accident and your injuries in order to refute the basis of the denial of your claim.
All initial consultations with Dugan & Associates are free to our clients, and we collect no fee unless we settle or win your case. For further information concerning how we can help you with your workers' compensation claim, contact a Pittsburgh claim lawyer at Dugan & Associates.