In Nanticoke, you are required to report your injury to your employer within 120 days of the incident or the date you first realized you were injured. It’s best to report it as soon as possible, as failing to meet this deadline can jeopardize your ability to receive benefits.

Workers’ compensation operates on a no-fault basis, meaning you don’t have to prove that your employer was at fault for your injuries. Similarly, the insurer cannot deny your claim by arguing that you were negligent in causing the injury.

However, there are various aspects of your claim that an insurance company may challenge, such as:

• The timing of your injury
• Whether your work contributed to or worsened your injury
• The type of treatment you need
• Your average earnings
• Whether a pre-existing condition is responsible for your condition rather than the injury
• If you violated your employer’s safety protocols and caused the accident

The benefits you are entitled to depend on these factors. It’s crucial to provide a clear and truthful account of the incident to your workers’ compensation attorney, so they can properly evaluate how the law applies to your case.

Your workers’ compensation claim might be denied for several reasons, including failing to report your injury promptly, submitting the claim after leaving your job, or not following the required procedures. That’s why having legal support can be crucial in ensuring your rights are protected throughout the process.

Common reasons your work injury claim could be rejected include:

• Delayed injury report: In Pennsylvania, you must inform your employer about your injury within 120 days. Failing to do so could result in your claim being denied, as the workers’ compensation system requires timely reporting.
• Discrepancy between the accident report and medical records: If the details in the accident report differ from the medical findings, it may raise questions. For example, if you report a leg injury from a fall but later discover a concussion that wasn’t mentioned in the report, the insurance company might view this as inconsistent.
• Filing after termination or layoff: If you file a claim after losing your job, the insurance company might consider it suspicious, potentially leading to an immediate denial.
• Lack of witnesses: If no one saw the accident happen, your employer might argue that the injury didn’t occur while you were at work, complicating your claim.
• Failure to cooperate: Not engaging with the claims process, such as refusing to sign necessary documents or provide requested statements, can hurt your case.

If your workers’ compensation claim has been denied, don’t hesitate to seek legal guidance. Contact The Belt Law Firm, P.C., at (570) 714-3343, and get your free case review today!

If you receive a notice of denial, you can file a Claim Petition with the Pennsylvania Workers’ Compensation Bureau. Your Petition will be assigned to a Workers’ Compensation Judge. The Judge will schedule hearings, and both sides will be provided the opportunity to present evidence. If the claim is not voluntarily resolved, the judge will issue a Decision.

In most cases you have up to three years from the date of injury to file a Claim Petition.