Workers’ Compensation Hearings Attorney
Petitions for Workers’ Compensation Hearing
Disputes over work injury benefits are adjudicated by the state Bureau of Workers’ Compensation (BWC). Either side (employee or employer) can petition for a workers’ compensation hearing, where a workers’ compensation judge will rule on your case.
If you received a Notice of Compensation Denial or a petition is filed against you, the insurance company is already busy preparing its arguments. Seek an experienced workers’ compensation attorney immediately.
Martin Law is one of the largest workers comp law firms in Pennsylvania that represents only employees. 215.587.8400 for a free consultation.
Workers’ Compensation Hearings
The party seeking a change in the status quo must file a petition with the BWC to request a hearing. The employer or insurer may petition to:
- Modify or suspend your wage loss benefits by arguing you are able to return to work at some job capacity
- Terminate your benefits for both wage loss and medical
Fighting these hostile petitions to protect clients’ rights and benefits is a significant part of our practice, and we have a solid record of success. We also initiate petitions on behalf of clients to address their grievances: miscalculation of wage loss benefits, redress for underpayment, challenging initial descriptions of injuries or penalties for insurance company misconduct.
The Hearing Process
Each judge is different and every case is unique. Most evidence is given through depositions. At the first hearing, you may have to testify about your injury and be cross-examined by the defense. The judge may issue an order in a preliminary ruling, or take no action until final judgment.
After the judge sets a briefing schedule and trial date, our role is to present medical documentation and testimony of doctors and experts, and submit briefs to the judge to explain our position and counter the defense arguments. After closing the trial record, the judge will issue a written decision, by mail, usually within two to six months.
The WC judge’s ruling is final unless appealed. However, if either side believes there was an error of law, that party can appeal the judge’s decision to the state Workers Compensation Appeals Board.
Our firm does not charge up-front fees for representing you in a workers’ compensation hearing. If we win your case, we are paid a percentage of your benefits. We can explain your rights, the process and our fees in a free consultation. Arrange a meeting at one of our six offices in the Philadelphia area and surrounding counties.