Inner Banner Images

Experienced

TRIAL LAWYERS WITH THE RESOURCES TO HANDLE YOUR CASE

My WC Claim was Denied, Now What?

Was your workers’ compensation claim denied in Gettysburg? It is normal to feel frustrated, stressed out, or even overwhelmed. There is some good news during these challenging times: You have the right to file a workers’ comp appeal. Neither your employer nor their insurance has the sole right to make the final decision on your benefits. Our Gettysburg workers’ compensation attorney can help if your WC claim was denied in Pennsylvania.

Step #1: Read and Review Your Workers’ Comp Denial Letter

The first step is to determine the exact reason for the denial. In Pennsylvania, employers and insurers must issue a written Notice of Workers’ Compensation Denial (NCD) that states the basis for rejection. Common reasons include disputes over whether the injury was work-related, insufficient medical documentation, late reporting, or questions about disability status. The denial does not end the claim. You can challenge it. Although they are supposed to give actionable information to applicants, workers’ comp denial letters can be difficult to parse. A Gettysburg workers’ comp lawyer can help you understand the denial letter and take action to build an appeal.

Step #2: Gather and Prepare Supplemental Supporting Evidence

After a workers’ comp denial in Pennsylvania, you need strong, well-organized evidence to support your appeal. You should start by obtaining complete medical records, diagnostic reports, and written statements from treating physicians that clearly link your condition to your job. Beyond that, you should collect workplace documentation, including incident reports, witness statements, photographs, or video if available. If your injury developed over time, assemble proof of job duties and physical demands. Supplemental evidence can strengthen your claim.

Step #3: File a Claim Petition Before the Deadline (Initial Appeal)

If the insurer refuses to reverse the decision voluntarily, the next step is to file a Claim Petition. This filing triggers formal litigation before a WCJ. Under the Pennsylvania Workers’ Compensation Act, the general statute of limitations is three years from the date of injury (77 P.S. § 602). Once the petition is filed, the case enters the hearing process. Both sides present evidence, including medical testimony. Judges evaluate whether the injury occurred in the course of employment, whether it caused disability, and whether medical treatment is necessary and reasonable.

Step #4: Consider Negotiation or Alternative Resolutions

Even after a denial is issued and an appeal is filed, there may still be room for workers’ comp negotiations. While pursuing the petition, the worker may have opportunities to negotiate a Compromise and Release (C&R) settlement. To be clear, it is optional, and it must be structured carefully. Settlements can provide certainty and financial stability but may also close future rights.

Contact Our Gettysburg Workers’ Comp Appeals Lawyer Today

At DiLoreto, Cosentino & Bolinger P.C., our Gettysburg workers’ comp appeals lawyer puts injured workers first. If your WC claim was denied, we are ready to get started on your case right away. Contact us today to set up a free, no obligation initial consultation. From our Gettysburg law office, we handle workers’ comp appeals and claims throughout Central Pennsylvania.