One of the first questions I get at nearly every consultation for workers’ compensation is — how long does it take to get benefits. Understandably so. Injured workers still have mortgages, rent, car payments, and other bills to pay. If your injury is accepted by your employer and it’s insurance carrier, then you will likely wait two or three weeks for wage loss benefits to begin. What about if your work injury is denied?
Let’s cut to the case right away, then I will explain. A fully litigated workers compensation claim is not a quick process, it takes a long time. If your claim is denied, by the time you actually get a decision by a workers compensation Judge, you are likely looking at a time frame between 8 and 12 months, depending on the Judge. Let me explain.
A litigated claim (and we use that to mean a Denied claim), commences by me filing a Claim Petition on your behalf. The burden of proof in a Claim Petition lies with the injured worker. I must prove four things in Claim Petition litigation:
1. An injury occurred;
2. in the course of claimant’s employment;
3. the injury disables claimant from performing work, thus wage loss, and
4. that the employer was timely notified of the work injury.
With the new workers compensation integrated software system (WCAIS), a Notice of Assignment to a workers compensation Judge usually occurs fairly quickly. However, it still may be 3 to 4 weeks until your first hearing. That’s right — FIRST hearing. Again, depending on the Judge, you may or may not testify at the first hearing. Some judges simply use the first hearing as a five minute set up the case kind of hearing. Other judges have the claimant testify. dge. So right off the bat there is a 3 week wait for a Judge to get the file and hold a hearing. And the Judges in Pennsylvania do a fantastic job of getting you a quick hearing date. (more…)
