03.21.2016

Steps in Litigating a Pennsylvania Workers’ Compensation Claim

Attorney Chris PowellStep 1 – Employer Denies Liability, Terminates or Suspends Benefits

Within 21 days from the date you notify your employer of your work injury, the employer may deny liability. If your employer has issued a Notice of Temporary Payable, they may choose to terminate or suspend benefits. Get a lawyer!

Step 2 – Employee Files a Claim Petition

You have three years from the date of injury to file a Claim Petition (LIBC-362). Do it right by hiring an experienced workers’ compensation attorney to file the claim on your behalf.

Step 3 – Case Assigned to Workers’ Compensation Judge

Your petition will be assigned to a workers’ compensation judge according to the county in which you live. Once assigned, you and your attorney, as well as the employer’s attorney and insurance carrier, are notified in writing of your hearing date and time.

Step 4 – Workers’ Compensation Hearing

A workers’ compensation judge will hear evidence from you and from your employer. Depositions from witnesses and medical experts may be taken prior to the hearing in lieu of live testimony. Expect to testify on your own behalf. The hearing may be extended if medical evidence needs to be obtained or witnesses heard.

Step 5 – Mediation

The workers’ compensation judge will schedule an alternate resolution session, known as mediation, unless he/she feels it would be futile to do so. If the mediation doesn’t happen, or if it doesn’t lead to a resolution, the parties involved may ask for a settlement conference with a workers’ compensation judge.

Step 6 – Decision Rendered

The workers’ compensation judge, after all the evidence has been submitted, issues a written decision to all parties and closes the case. Either side may appeal the decision within 20 days of its circulation to the Workers’ Compensation Appeal Board.

Step 7 – Appeals Process

  • First appeal, within 20 days, is made to the Workers’ Compensation Appeal Board.
  • Second appeal, within 30 days, is made to the Commonwealth Court of Pennsylvania.
  • Third appeal, within 30 days, is made to the Pennsylvania Supreme Court.

Powell Law has litigated on behalf of employees seeking workers’ compensation benefits for 110 years. Your first consultation is free. Contact us online or call (570) 961-0777.

Request a Free Consultation

Contact Us