When you’ve been injured on the job, you must inform your employer. It’s possible that your employer’s insurance company will deny your claim. Being denied doesn’t mean you will not receive benefits. If this happens, you’ll need to file a claim petition to get the workers’ compensation you’re owed in PA.
The burden is on you to prove that you deserve workers’ compensation and that the state should overturn the insurance company’s decision. How do you fight for the money you need to recover from your injury? Learn more about how to file a workers’ compensation claim and how it can help you below.
What Is a Workers’ Compensation Claim Petition?
A workers’ compensation claim petition is a document filed by the claimant, or the person who got hurt on the job, with the commonwealth. It goes to the Bureau of Workers’ Compensation at the Pennsylvania Department of Labor & Industry. The forms are available at the government’s website for the Pennsylvania Workers’ Compensation Bureau. The form should include:
- A description of your injury and how it occurred
- The date the injury happened
- Wage information about your job and how much money you’re missing while you’re out of work
There are instructions on the Bureau’s web site. Generally, you must confirm in the petition that you gave proper notice to your employer about the injury. You’ll file the petition using the Workers’ Compensation Automated and Integrated System, an online tool you can access 24/7.
When to File a Claim Petition
You can file a claim petition as soon as you receive the rejection from your employer’s insurance company. If you receive no answer at all, you may file a claim 21 days after you reported your work injury. You’ll want to get your petition filed as quickly as possible so that you can secure the money that you’re owed. The faster you file your petition, the faster you can get a hearing with a judge to decide your case.
Can I File a Claim Petition on My Own?
Yes, you can file a claim petition on your own, but we do not recommend doing so. Your claim petition needs to lay out a lot of information in specific detail. Having a lawyer who has handled many claim petitions in the past to oversee this process can ensure you don’t make any mistakes, miss any sections of the form or fill anything out incorrectly. Claim petitions can be denied on technicalities based on the information you submit. You want to make sure your case makes it to a hearing.
Once you get to the hearing, you’ll need to present testimony about the injury, any prior similar medical issues, other relevant facts and medical evidence from a doctor. This medical testimony can be expensive if you acquire it without an attorney. When you use our lawyers, we can handle those upfront costs so that you don’t have to present a penny during the claim petition period.
Contact Our Central PA Workers’ Compensation Lawyers
The attorneys at Frommer D’Amico have a long history of handling workers’ compensation cases. We specialize in this area, and workers’ comp is the only thing we do. We represent only the workers, never the employers, and we charge lower fees. Contact us today to set up a free consultation by calling 717-400-1000 or getting in touch online.