If your workers' compensation claim has been denied, it's understandable that you may be frustrated and discouraged. But you shouldn't give up: many claims that are initially denied get approved on appeal. But appealing your decision means filing the right paperwork to the right people in the appropriate window of time. This is where it helps to have the assistance of an experienced workers' compensation attorney.
The first thing to know is that once you get your workers' comp denial letter, you then have 20 days to make your appeal. More specifically, you have 20 days from the date listed on your denial letter — the "Circulation Date" — to postmark your appeal.
Make sure to attach your original letter of denial to your letter of appeal. This includes the first page of the judge's decision, which also includes the circulation date. You must then complete a form known as the "Proof of Service" form. This form will require you to list the names and addresses of all named parties (including the judge) on the circulation sheet of the judge's original decision. You will need to send copies of your appeal to each person on this list; however, you need not send additional copies of the judge's original decision to these people. Complete all the information on the appeal sheet and, in Pennsylvania, mail the original appeal plus two copies to the following address:
Workers' Compensation Appeal Board
Capitol Associates Building
901 North 7th Street — 3rd Floor South
Harrisburg, PA 17102-1412
Appeals that are filed properly and on time will be scheduled for a hearing before the Workers' Compensation Appeal Board.
Successfully navigating the workers' compensation system to get the help you need after an on-the-job accident can be tricky. Consulting with a workers' compensation attorney can help keep you on track to recoup expenses related to a work injury, even if your initial claim has been denied.