Under the Pennsylvania Workers’ Compensation Act, an employer has 21 days to accept or deny a worker’s benefits claim. The employer is expected to investigate the claim during this time period. When an employer denies a claim without a reasonable reason, then the injured worker may be entitled to an award of attorney’s fees.
Essentially, if the employer does not have enough evidence to deny a claim or defend any petition, the injured worker may be entitled to have the employer pay for the worker’s attorney. Under normal circumstances, attorney’s fees will be deducted from your benefit award. So if the employer is ordered to pay your attorney’s fees, then your recovery will be larger.
Most importantly, the injured worker is only eligible to receive attorney’s fees if they are successful. Fortunately, the employer and workers’ compensation insurance carrier have the burden of convincing the workers’ compensation judge that they had enough evidence to reasonably contest the injured worker’s claim.
The employer must have a reasonable basis to contest any petition that the injured employer brings. Even where the employer accepts the injured worker’s claim initially, they may choose to challenge a petition seeking to add injuries to the claim or any petition filed by the injured worker. In that case, the employer is again responsible for proving that they have a reasonable basis to contest.
The workers’ compensation judge makes the determination on reasonableness, and the Workers’ Compensation Act gives the judges a great deal of leeway in making that determination.
It is important to note that attorney’s fees are not penalties. Typically, if an employer violates the Workers’ Compensation Act, a worker may file a Penalty Petition to seek recovery for the violation. With an award of attorney’s fees, the employer is not necessarily violating the Act, they just lacked sufficient evidence to prove their case.
If you or someone you know has questions regarding workers’ compensation benefits, contact the Calhoon and Kaminsky P.C., at 717-695-4722. They can help get you the benefits you deserve.
