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How to appeal a workers' compensation decision

There are many different ways that people in Pennsylvania are injured. There are also many different locations where these injuries occur. It could be at home, at a store, in a car accident, at work and other locations. However, no matter how the injury occurred, if it prevents a person from working and forces them to incur medical bills, it can create a very difficult situation for the person financially.

The victim of the accident may be entitled to compensation if the accident was caused by another person. However, if the accident occurred at work, the injured worker may have an easier time collecting compensation through workers' compensation. Almost any kind of injury that occurs at work may be covered by workers' compensation benefits, even if the worker was somewhat at fault for the accident.

However, just like other insurance companies, workers' compensation insurance will attempt to minimize the damages to avoid paying as much. A person's initial claim could be denied in its entirety or partially. This does not mean that person will not receive the proper benefits. An injured worker may appeal an initial determination.

In order to do so, they must first complete a petition stating the basis for the appeal and the initial judgment. The petition must be served on all the parties and the judge. After the filing is received, a brief schedule shall be issued and a date set for oral argument. The parties shall also submit a written brief stating the facts and argument regarding the appeal. After the oral arguments have been completed and briefs filed, the judge will make a ruling on the appeal.

Many people in Pennsylvania are injured at work and may be entitled to workers' compensation benefits. However, the initial determination may deny all or part of the requested benefits. The worker may be able to appeal and still ultimately receive their benefits.

Source: dli.pa.gov, "Pennsylvania Workers' Compensation Act" accessed on Dec. 12, 2017

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