If your workers’ compensation claim for long-term injuries gets denied, you still have several options for appealing the decision. Following the proper steps can increase your chances of receiving the benefits you deserve.
File an appeal with the WCAB
If your claim gets denied by a Workers’ Compensation Judge (WCJ), the first step is to file an appeal with the Pennsylvania Workers’ Compensation Appeal Board (WCAB). You must file your appeal within 20 days of receiving the judge’s decision. In this appeal, you’ll need to show that the judge made an error in applying the law or facts in your case. The WCAB will review the decision without holding a new trial but will consider the evidence already presented.
Appeal to the Commonwealth Court
If the WCAB rules against you, you have the option to take your case to the Pennsylvania Commonwealth Court. At this level, you must file an appeal within 30 days of the WCAB’s decision. The Commonwealth Court will review your case based on the record from the earlier proceedings. They will determine if any legal errors occurred during the WCJ or WCAB process.
Appeal to the Pennsylvania Supreme Court
If the Commonwealth Court denies your appeal, you can take your case to the Pennsylvania Supreme Court. The Supreme Court is highly selective about the cases it accepts. It typically only reviews cases involving significant legal issues.
Settlement discussions and mediation
At any point during the appeals process, you may choose to engage in settlement discussions or mediation. This can be a quicker and less stressful way to resolve your case. Even more so if you and your employer’s insurance company are willing to negotiate a fair settlement for your long-term injuries.
Why understanding the appeal process matters
Navigating the appeals process for workers’ compensation requires patience and determination, but it can also be a crucial step toward achieving a fair outcome. Staying focused and informed can help you move forward with confidence, knowing that you’re taking the necessary steps to seek the support you need.
