Pennsylvania law does not require an injured or ill worker to hire a workers’ compensation lawyer in order to file a claim. A worker can file a claim without the assistance of an attorney, but because of the complexity of workers’ compensation litigation, the Pennsylvania Department of Labor and Industry recommends that workers obtain legal representation. An attorney can make sure that you receive fair compensation, especially if your work-related injury or illness is serious and will require long-term medical treatment.
When Should You Hire a Workers’ Compensation Lawyer?
An attorney can assist a worker in all phases of the workers’ compensation claim process in Pennsylvania. Although it may seem unnecessary, it is not unusual for the initial workers’ compensation claim to be denied by the insurer. Insurers often deny claims because a pre-existing condition caused the injury or illness, because the injury was self-inflicted, or because the Act does not cover the injury.
If an insurance company or employer denies a workers’ claim, the worker can file a petition with the Bureau of Workers’ Compensation. The case is presided over by a workers’ compensation judge. If the judge decides in the insurer’s favor, the worker can go to the Appeal Board. As a last resort, the worker can appeal the decision to the Commonwealth Court.
How a Workers’ Compensation Lawyer Can Help
The process of filing or fighting a claim denial involves complexities that only an experienced workers’ compensation attorney can understand. Because the insurance company will have an attorney representing its interest, a worker should hire an attorney to represent their interests. A Pennsylvania workers’ compensation lawyer can help you understand your rights and the legal process.
If you have been injured in a workplace accident or if you have developed a work-related illness, workers’ compensation benefits may be available. Calhoon and Kaminsky P.C., workers’ compensation lawyers specialize in workers’ compensation claims. Contact our firm at 717-695-4722 or 877-291-WORK (9675).
