WORKERS' COMPENSATION WATCH: HOW TO GET WHAT IS LEGALLY YOURS

An on-the-job injury usually occurs in the presence of the other workers and the necessity for medical treatment and disability is apparent. As a result, the insurance carrier will issue a Notice of Compensation Payable within twenty-one days. A Temporary Notice of Compensation Payable permits the insurance company to issue the notice prior to completing its investigation retaining the option of revoking its acceptance of liability. The insurance carrier can also issue a Notice of Compensation Denial, which form requires an explanation for its reason for the denial. In that event, the worker must file a petition before the Pennsylvania Bureau of Workers' Compensation and the petition is assigned to an Administrative Law Judge for determination. Hearings are held at various locations in Philadelphia and the surrounding counties. The hearings are recorded and a final determination is made based on the Judge's finding of facts and conclusions of law. The Pennsylvania Rules of Evidence are applied with regard to the admissibility of evidence.

Technically, if the worker establishes his right to benefits, the employer must pay the workers' attorney's fees if it did not set forth a reasonable defense. In most cases the employer contests the right to benefits due to its physician's medical opinion that the employee could return to work within a week after his injury and that he was told to do so, but the worker refused.

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