There are many reason why a Pennsylvania work injury may be denied by the employer and workers compensation insurance carrier. I’ve heard it many times from an injured worker the astonishment that there injury at work was denied. It happens. And it happens often.
Here are the Top 5 reasons why work injuries in Pennsylvania are denied.
1. Injury is non-compensable
One reason A Pennsylvania work injury is denied is because the employer or insurance carrier may not feel the injury is compensable under the Pennsylvania Workers Compensation Act. Perhaps they believe it occurred outside the course and scope of employment. There are litigated ‘gray’ areas on course and scope fact patterns. Perhaps they believe the injury was caused by horseplay. Perhaps they believe the injured worker ignored a safety procedure. Perhaps they believe the injured worker was intoxicated or failed a drug test. There are several reasons why an injury could be found to be non-compensable,. Best thing to do is call Mooney Law and let us take a look at the facts of your injury at 833-MOONEYLAW.
2. Injury was not witnessed
Another reason a Pennsylvania work injury is denied is because there were no witnesses tot he injury. This seems silly, and often times, it is silly. Many Chambersburg injured workers and Carlisle injured workers that I represent work in a warehouse or on an assembly lien and work near, but not next, to another worker. So many times, injuries are not witnessed. It is also usually one of the first things a defense attorney will ask on cross examination of an injured worker — ‘did anyone see the incident that you described?’ Many employers are just simply skeptical of any and all claims unless there are actual witnesses to the injury.
3. Employer has no knowledge of the injury
Another reason a Pennsylvania work injury is denied is because the employer believe they have no knowledge of the injury. Did the injured worker report the injury? Sometimes, the injured worker simply didn’t report the injury. You can read here about the importance of notice. Many times, the injured worker did indeed report the injury to a supervisor, yet no incident or work injury report was created and the injured worker never received one. This is actually common. The supervisor could have very well have never reported the injury to human resources or upper management. Regardless, if you did report the work injury, even though your employer has said they had no knowledge, do not worry. Just call Mooney Law today at 833-MOONEYLAW.
4. An Investigation is contrary to reported injury
Another reason for a Pennsylvania work injury to be denied is because the employers investigation may be contrary to the reported injury. This could be because the video surveillance. It could be because coworker written statements that are contrary to what was reported. It would be because witnesses reported something different. If this is a reason your work injury has been denied call Mooney LAW right now at 833-MOONEYLAW
5. A Pre-existing condition
Another reason for a Pennsylvania work injury to be denied is the existence of a pre-existing condition. Perhaps the injured worker injured the same body part, such as the low back, years ago. Perhaps the diagnostic study, such as an MRI or X-Ray shows arthritis. Perhaps the injury is the type that was not be caused by a traumatic event, but is a condition that develops over time. We have gone over this in depth on this blog. Preexisting medical conditions are NOT a bar to workers compensation benefits. Read more in our pre-existing article here.
These are just the Top 5 reasons a Pennsylvania work injury may be denied based on what I have seen in my practice. This is not an exhaustive list. If you have been injured at work and your work injury is denied, fight back. Call Mooney Law today at 833-MOONEYLAW. We will provide a FREE consultation and we do not recover a fee unless we recover for YOU!Tags: Pennsylvania, Preexisting condition, Workers Compensation