Workers’ Compensation, It's More Complicated Than You Think

Are you curious about workers’ compensation? About its procedure and implementation? Then, you’re in luck as I bring to you a comprehensive guide developed by some of the top Kingston, PA, Work CompLawyers. In this guide we’ll be going over the general governmental structure used to determine workers’ compensation benefits, and what to do if you’re unsatisfied with the results.

Then General Workers’ Compensation Structure

Like all governmental programs, the implementation of the Workers’ Compensation Act is controlled by appropriate governmental departments. Although full of bureaucratic red tape, these departments are essential for giving structure to workers' compensation procedures.

The Workers’ Compensation Board

Despite being mandated by Washington, each state is given a significant and equal amount of jurisdiction over the implementation of the Act within its borders. This jurisdiction is exercised by the state’ Workers’ Compensation Board, which is a department solely responsible for dealing with workers’ compensation claims and disputes. The Board is also responsible for determining if an employee gets their dues or not.

Workers’ Compensation Appeal Board

Not all of the decisions made by the Board are accepted; in fact, very few are and that’s where the Workers’ Compensation Appeal Board comes in. A subdivision, the Appellate Board is responsible for handling disputes and modifications in the Board’s decision. The decision made by the Appellate Board supersedes the main Borad’s results, and is superseded by the Court of the Commonwealth.

Workers’ Compensation Court and Judges

The Workers’ Compensation Court is a part of the Appellate Board, and is presided over by a Workers’ Compensation Judge. While part of the general judiciary, the Workers’ Compensation Court and Judge do not hold the same authority as their Commonwealth counterparts. Nevertheless, both play a vital role within the structure and process of the Appellate Court.

Workers’ Compensation Process And Results

Board Process And Results

The Workers’ Compensation Board uses the following process to determine the validity of a workers’ compensation claim.

  1. An application is received and processed on behalf of the injured employee.
  2. The Board requests the employee submit all the necessary documents, like medical report and employment record, by a certain date.
  3. The employer is informed of the petition and requested to submit their understanding of the situation and give sufficient details in case they intend to refuse the claim.
  4. A decision is made after reviewing arguments from both sides.

While the Board is the main body responsible for handling workers’ compensation claims, many of the top Kingston, PA, workers’ comp lawyers hold that it doesn’t have that much authority.

Appeal Procedure and Results

The Appellate Board incorporates both self and judicial review in its decision making process.

  1. The Appellate Board receives an application from the appellant and orders a Workers’ Compensation Court Hearing.
  2. The Compensation Court convenes as general courts do - albeit with some procedural differences.
  3. A Workers’ Compensation Judge hears arguments from both sides and gives a verdict based on his knowledge of the law.
  4. The Appellate Board reviews the original verdict and the Compensation Judge’s verdict, and gives its decision.
  5. In case modifications are requested to an already accepted decision the Workers’ Compensation Court may be bypassed.

Regarding the appeals procedure, the Appellate Board is the main decision making authority, while the Court’s verdict, in layman terms, is only a suggestion.

Last Call

In case either of the parties is unsatisfied with the Appellate Board’s decision, they can take their grievances to the Commonwealth’s court. Unlike the verdict of a Workers’ Compensation Court, the verdict of a Commonwealth’s court is absolute in its authority. However, it should be noted that it’s incredibly difficult to get a case approved by a conventional court. To avoid suffering through the hassle of unfavorable decisions, it’s recommended to seek proper legal representation as soon as the initial application process.

Comments

Post a Comment

Popular posts from this blog

What Is CRPS? And What Else Do You Need to Know?

 If you or someone you know suffers from complex regional pain syndrome (CRPS), you may have many questions about this condition. Well, then get ready because today we’re going to answer the top most common questions about CRPS What is CRPS Disease? CRPS stands for complex regional pain syndrome , a chronic condition that causes severe pain and other symptoms in a specific part of the body, usually an arm or a leg. CRPS can develop after an injury or infection that affects the nerves in the affected area. The pain is often out of proportion to the original injury and may persist even after the injury has healed. CRPS is also known as reflex sympathetic dystrophy (RSD) or causalgia. Which is worse CRPS I or CRPS II? CRPS can be classified into two types, based on the cause and the presence of nerve damage: -         CRPS I: This type occurs after an illness or injury that did not directly damage the nerves in the affected limb. About 90% ...
Read more

What Should One Do In Case of Workplace Injury?

An injury or illness that occurs in the course of employment at the particular workplace is termed as ‘workplace injury.’ Such an injury generally may occur due to unsafe or dangerous work environment, defective equipment being used or that the environment is filled with chemicals that are injurious to health. Jobs which require a lot of heavy and manual work may also result in ailment or affliction. What Measures to Adopt?   While there are different types of workplace injuries, some are quite minor and the others very serious. In the latter case, detrimental effects may compromise a person’s health and ability to work. In such a situation, a work injury lawyer or attorney should be hired to help obtain compensation to cover the expenses of the injury. Find a Workplace Injury Lawyer Near You   There are times when worker compensation for injuries at the workplace may not be covered by the company or the employer you work for. In such a case, you have a legal right to hire ...
Read more

Injured or Hurt at Work? Hire a Workers Comp Attorney to File Your Claim

Image
You could be working at a desk in an office, in a factory, driving an office car or be engaged in any kind of office work and you had the misfortune of getting injured while working. In such case what do you do? Do you convey the mishap to the highest authority of the organization to get rightly compensated? But how do you know that the compensation given to you for getting hurt at work is appropriate? Generally, if you suffer from a mild injury while at work you will be compensated for the time you are unable to attend work and your medical bills will be paid off. But if you encounter any major accident during the course of your work then you might need to settle your claims with the worker’s compensation insurance company of the employer. The only way to ensure that you get the right compensation is by hiring a hurt at work lawyer in PA. When to hire a Worker’s Compensation Attorney? Certain situations and circumstances give rise to the need to have close communication wi...
Read more