Within 21 days from the date a worker provides notice of an injury, the employer/carrier may deny liability. If so, it issues a Notice of Workers’ Compensation Denial (LIBC-496) to the employee and the claim is now closed. However, at this time, the injured employee may choose to pursue a claim through the litigation system.
An employer or insurer may decline to pay workers’ compensation benefits and typically lists any of the following reasons on LIBC-496:
The definition of injury also includes aggravation of a pre-existing condition or disease contracted that results from employment. Also, the last ground for denial of a claim – other good cause – may be explained by an employer in more detail on the LIBC-496.
Claimants who receive a denial of their claim may contest this denial, which will be heard by a workers’ compensation judge. Claimants and employers may testify at this hearing, as well as present medical evidence to support their position. Both parties have the right to call witnesses and retain an attorney.
The procedure for filing a petition to appeal a denial is as follows:
Since James Powell, Sr., founded Powell Law in 1906, our attorneys have represented all types of workers in workers’ compensation cases. Remember, you have 120 days to report your work injury! Our decades of experience make us the clear choice for representation in workers’ compensation cases in the Scranton/Wilkes-Barre and surrounding areas. We effectively help our clients throughout the entire workers’ compensation claims process. Contact Powell Law at (570) 961-0777. The consultation is FREE!