Can My Workers’ Compensation Claim Be Denied?
Hurt in the job in Chambersburg or elsewhere in Franklin County? You have the right to file for workers’ compensation benefits. A workers’ comp claim is a no-fault claim. You do not need to prove that your employer was negligent in order to qualify for benefits. With that being said, approval is not automatic. A workers’ compensation claim could be denied. Here, our Franklin County workers’ compensation lawyers highlight the key things to know about denials in Pennsylvania.
An Overview of the Most Common Reasons for Workers’ Comp Denials in Franklin County
As a starting point, it is important to emphasize that workers’ comp claims will by no means be automatically approved. A claim could potentially be denied for a wide range of different reasons. Some of the most common reasons for workers’ compensation denials in Franklin County are:
- Missed Deadlines: Workers in Pennsylvania must report their injury to their employer within 120 days and file a claim within three years. If deadlines are missed, the claim can be denied. Do not miss your chance to seek workers’ comp benefits.
- Alleged Non-Work Injury: A claim may be denied if the employer or insurer argues that the injury did not happen while performing job-related duties. If the accident occurred off-site or during a break, the insurer might claim it is not covered.
- Pre-Existing Conditions: Pre-existing conditions are another big issue in workers’ comp claims in Franklin County. While having a prior condition does not automatically disqualify a worker, they must prove that the job aggravated or worsened the condition.
- Worker Horseplay: In Pennsylvania, worker horseplay may be a defense against a workers’ comp claim. Pennsylvania law generally covers injuries sustained while performing job duties, but not if the worker was engaging in dangerous, non-work-related activities.
- Worker Intoxication: Worker intoxication is another defense against a work injury claim. Workers’ compensation benefits can be denied if the worker was improperly under the influence of drugs or alcohol at the time of the accident.
You Have the Right to Appeal the Denial of Workers’ Compensation Benefits
A workers’ compensation denial can be immensely frustrating to deal with. It can put a tremendous amount of stress and pressure on a family. It is imperative that workers in Franklin County know that they still have options available to them: You have the right to litigate a workers’ comp denial. You do not have to take on the workers’ comp litigation process alone. A top-tier Franklin County workers’ comp lawyer can help you gather the evidence to challenge a denial of benefits.
Contact Our Franklin Workers’ Compensation Attorneys Today
At DiLoreto, Cosentino & Bolinger P.C., our Franklin County workers’ comp attorneys are reliable, experienced advocates for clients. Denial is not the end of the road. If you have any questions about the workers’ comp appeals process, please do not hesitate to contact us today for a free, no-obligation case review. We represent injured workers throughout Franklin County, including in Chambersburg, Waynesboro, Greencastle, Fayetteville, Guilford, State Line, and Wayne Heights.