What can you do if your workers’ compensation claim is denied?
Many Americans are injured on the job everyday. That is why most employers are required to carry some form of workers’ compensation insurance. Sometimes, a worker is injured in an unusual way and when he or she makes a claim for benefits it may be denied due to the uncommon circumstance. When this happens, the worker often has the right to appeal. This is exactly the situation in a recent Pennsylvania workers’ compensation case.
In 2008, Gregory Kochanowicz was working as a manager at a Pennsylvania state liquor store in Morrisville. During his shift, a robber entered the store wielding a gun and demanded that Kochanowicz hand over the money in the store safe. The robber held a gun to Kochanowicz’s head throughout most of the ordeal and also duct taped him and a co-worker to chairs.
While, Kochanowicz remained physically unharmed, he claims to have been seriously disturbed by the incident. Kochanowicz claims that he was unable to go back to work after the ordeal and to have suffered severe emotional distress. As such, Kochanowicz filed a workers compensation claim with his employer the Pennsylvania Liquor Control. The agency disputed the claim and the Commonwealth Court denied Kochanowicz’s plea for benefits. Kochanowicz appealed the denial to the Pennsylvania Supreme Court and this court sent the case back down to the Commonwealth Court for further review. At this point, the Commonwealth Court decided that benefits were warranted and found in favor of Kochanowicz. The court noted in its opinion that because the circumstances leading to Kochanowicz’s injuries were not considered normal working conditions that he should be entitled to benefits.
If you were injured at work, even in an unusual way, do not be discouraged from pursuing a workers’ compensation claim. The attorneys at Louis P. Lombardi II & Associates are experienced in representing clients in a variety of circumstances and may be able to help you. The firm represents clients in and around the areas of Montgomery and Bucks County, Pennsylvania and can be reached at (610)239-7600 or (888)818-4343. Contact us for a consultation today.