Back to BlogClaims Process

What to Do When Your Workers' Comp Brain Injury Claim Is Denied

January 5, 20248 min read

A denial isn't the end. Learn the appeals process and strategies for overturning a denied TBI workers' compensation claim in Pennsylvania.

Your Workers' Comp Claim Was Denied—Now What?

A denial is devastating but not the end. Many legitimate brain injury claims are initially denied. Here's how to fight back.

Why Brain Injury Claims Get Denied

  • "Pre-existing condition" - They claim your injury existed before
  • "Not work-related" - They argue it didn't happen at work
  • "Late reporting" - You didn't report quickly enough
  • "Insufficient medical evidence" - Records don't support diagnosis
  • "Surveillance evidence" - Video shows you're "not injured"

The Pennsylvania Appeals Process

  1. Claim Petition - Your attorney files with the Bureau of Workers' Compensation
  2. Discovery - Both sides exchange evidence
  3. Hearings - Before a Workers' Compensation Judge
  4. Decision - The judge grants or denies your claim
  5. Appeals - To Appeal Board, then Commonwealth Court if necessary

How to Strengthen Your Appeal

  • Get neurologist evaluations and brain imaging
  • Keep a daily symptom diary
  • Gather witness statements
  • Don't miss medical appointments
  • Be careful with "Independent" Medical Examinations

The Importance of Legal Representation

Insurance companies have teams of lawyers. A Certified Workers' Compensation Specialist can:

  • Identify why your claim was denied
  • Gather compelling medical evidence
  • Cross-examine insurance company doctors
  • Navigate the appeals process

Call (833) 898-4587 immediately if your claim was denied. Free Consults 24/7.

Free Case Review

If you or a loved one has suffered a brain injury at work, contact us today for a free, no-obligation consultation. We'll evaluate your case and explain your options.

(833) 898-458724/7
TENS OF MILLIONS Recovered|Free Consult
CALL (833) 898-4587TEXT