Workers comp claim denied? Here’s How To Fight Back

As soon as your workers’ comp claim denied notice arrives, you’ll probably feel as if the ground dropped beneath your feet. It feels like an endless cycle of agony. You’re hurt, out of work, with increasing medical bills. And now? Your insurer suddenly tells you they won’t pay anything? It’s as if you’re carrying the weight of the world.

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Get Your Free Case Review

Find out if you qualify for compensation and learn your next steps – no cost, no obligation, just expert legal guidance.

Disclaimer: By submitting the form above and checking the consent box, you agree to our conditions and privacy policy and permit Ethen Ostroff Law to contact you via text messages, phone calls. Standard message rates may apply.


If this happened to you, you’re not alone. Pennsylvania workers often rely on the workers’ comp system for medical benefits and wage loss payments. However, denials happen more often than most people realize. The good news? A denial doesn’t mean it’s the end of your battle. You’re just starting.

Most denied workers’ compensation claims can be challenged. You still have the chance to appeal and overturn the initial result with the right evidence and strong legal support.

This article explains why workers’ compensation claims get refused, what you should do immediately after having your workers compensation claim denied, when you might be able to sue, and how the Pennsylvania appeals process works. Additionally, you’ll be able to discover how to take practical efforts to protect your benefits. A denied workers compensation claim lawyer from EOL.Law can help you turn a denial into a successful claim.

workers comp claim denied​

Workers Comp Claim Denial: Why It Happens

Pennsylvania insurance companies tend to deny claims for various reasons. Some are legal, while the majority are just tactics to minimize payouts.

Below are the most common reasons why you got your workers comp claim denied:

Missing or Incomplete Documentation

Insurers usually require sufficient documentation before they issue benefits. If by any chance reports are missing, vague, or inconsistent, then you’ll most likely have your workers compensation claim denied.

Common issues include:

  • None or insufficient medical records linking your injury to work
  • Lack of incident reports
  • Incomplete doctor notes
  • Missing witness statements for work-related injuries

If you think documentation is an issue, an experienced denied workers compensation claim lawyer from EOL.Law can assist you in gathering, correcting, and presenting evidence to make your claim undeniable.

Disputes About Whether the Injury Is Work-Related

If the insurance provider believes that your injuries didn’t happen while you were at your workplace or during work activities, they may deny your claim. This typically includes:

  • Injuries occurring off-site
  • Injuries acquired during breaks
  • Disputes over how the workplace accident happened

In Pennsylvania, the burden usually falls on you to prove that you’ve acquired the injury during the course and scope of employment.

Pre-Existing Conditions and Medical Disputes

Insurance companies in Pennsylvania frequently attribute injuries to the injured workers’ pre-existing conditions.

A few examples include:

  • Prior back pain
  • Old injuries
  • Degenerative joint issues

It’s important to be aware that even if you had a pre-existing ailment, aggravation caused by your job is covered under the Pennsylvania Law. Unfortunately, insurers rarely point that out. That’s why it’s always best to be aware of your rights and be guided by the assistance of experienced denied workers compensation claim lawyers.

Employer Claims the Injury Did Not Happen at Work

If your employer disputes your account, insurers usually agree with them. Below are the common allegations:

  • No witnesses
  • No security footage
  • The employer claims that you’ve reported the injury late.

These are just some of the most common reasons why Pennsylvania workers’ compensation claims are denied.

Filing Deadlines or Reporting Mistakes

Pennsylvania has some of the strictest workers’ compensation deadlines. Thus, failing to meet any of the requirements and missing the deadlines can easily get your workers compensation claim denied. What makes it worse? You’ll still have a denied workers comp claim even if your injury is valid.

Here’s what you should know:

  • You must immediately file an incident report. You should report your injury within 21 days to ensure you’ll receive full benefits. Reporting within this time frame allows your benefits to commence from the date of injury. Unfortunately, if you report past the 21-day mark, then your benefits may only begin on the day you reported it. Therefore, it will result in weeks’ worth of wage loss.
  • You have up to 120 days to report an injury— but waiting is harmful. Even though the law allows you 120 days to report an injury, insurance adjusters often see late reporting as a red flag. They tend to claim the injury happened outside of work, doubt its severity, or dispute that there’s no reliable link to your job activities.
  • Reporting mistakes can be detrimental to your claim, even if you file on time. Common errors usually include reporting verbally without written documentation, providing inconsistent dates or details, failing to note all injured body parts, or assuming your employer submitted the paperwork for you. Any discrepancy in the timeline allows insurers to deny your claim.
  • Delays and inconsistencies undermine your credibility. Insurance companies will use these reasons to justify issuing a denied workers comp claim letter.

If you missed a reporting deadline or you think you’ve made a mistake, an experienced denied workers compensation claim lawyer at EOL.Law will connect with you. Our lawyers understand how to fix lost timelines and dispute unfair denials.

Workers Comp Claim Denied: What To Do Immediately

If you have your workers comp claim denied, immediate action is necessary. Pennsylvania law gives you the right to contest the decision. However, you must follow the correct protocols and timeframes to secure your benefits.

Request the Official Denial Letter

Start by getting the insurer’s official denial notice. This document outlines:

  • Why was your workers comp claim denied
  • What evidence does the insurer believe is missing
  • Which Pennsylvania workers’ comp laws did they rely on

This letter serves as the blueprint for your appeal and, at the same time, guides you through what should be addressed.

Review the Insurer’s Stated Reason for Denial

Denials usually stem from difficulties that can be resolved. Common reasons include:

  • Incorrect or missing details in your report
  • Misinterpretations of how the accident happened
  • Missing medical documentation
  • Disputes over whether the injury is work-related

Understanding the insurer’s reasoning allows you to tailor your response more effectively and minimize delays.

Gather Missing or Corrected Evidence

Strengthen your case by gathering additional documentation, such as:

  • Updated medical evaluations or specialist reports
  • New or improved imaging results
  • Coworker or supervisor witness statements, together with any relevant workplace video footage
  • Formal accident or incident reports

If you’re able to provide clear and organized evidence immediately, then rest assured that your appeal is reinforced. It’s strong enough to rebut the insurer’s objections.

Seek Medical Support and Updated Records

Your doctor is crucial in showing that your injury is work-related. Ask your doctor to:

  • Update medical records with detailed notes
  • Explain how your condition relates to your work duties
  • Provide supporting documents, letters, or reports for your appeal

Notify Your Employer of Any Disputes

Keep a documented and open communication with your employer as your case progresses. Keep written records of:

  • Conversation or updates
  • Emails
  • Reports or forms you’ve submitted
  • Text messages

Clear documentation protects you and avoids any misunderstandings throughout the appeals process.

Workers Compensation Claim Denied: How to Appeal

If you have a denied workers comp claim, Pennsylvania gives you the right to contest the decision through a formal appeal. The WCAB, also known as the Workers’ Compensation Appeal Board, handles the process. The entire process adheres to tight rules, timetables, and evidentiary standards. Thus, making it critical to approach each step properly.

Understanding Your State’s Appeal Deadline

According to Pennsylvania law, you have about 3 years from the date of injury to file a Claim Petition. However, delaying could potentially jeopardize your chance because:

  • Denied workers comp claim, or suspended or terminated benefits usually have shorter timelines. 
  • Delays can weaken evidence and slow down your ability to recover lost income or medical coverage.

Act as fast as you can to prevent missing critical dates that could permanently affect your benefits.

Filing a Petition to Challenge the Denial

The appeals procedure officially starts when you file:

  • A claim petition
  • All initial supporting evidence

Once filed, your case will be assigned to a WCJ, also known as Workers’ Compensation Judge. This stage is crucial because it changes your dispute into a formal legal case where the judge will decide whether your denial should be reversed.

Preparing for a Workers’ Compensation Hearing

Hearings are the foundation of your appeal. During this stage:

  • Evidence and testimonies shall be submitted by both of you and the insurance company
  • The judge may require expert witnesses, such as medical specialists
  • Written briefs outlining legal arguments are usually submitted by attorneys on both sides

Therefore, the hearing process generally affects the result of your entire appeal. Thus, it’s very important to make thorough preparation to ensure your success.

Presenting Medical Evidence and Witness Testimony

Your success often depends heavily on the strength and quality of your evidence. Common types of evidence include:

  • Detailed doctor statement relating your injury to your job
  • Expert medical depositions, which are often required in disputed cases
  • Coworker and other witness testimonies confirming accident details
  • Workplace safety footage, but only if available

Clear and consistent medical documentation, as well as a trustworthy witness, are your key to winning an appeal. Oftentimes, it can persuade a judge to overturn a denial.

Why Working With a Denied Workers’ Compensation Claim Lawyer Helps

Workers’ compensation appeals in Pennsylvania can be very overwhelming. It often involves complex rules, legal arguments, and strict deadlines. An experienced denied workers compensation claim lawyer can help you by:

  • Gathering and organizing strong evidence
  • Cross-examining witnesses and contesting the insurance provider’s arguments
  • Identifying legal mistakes or loopholes in the denial
  • Negotiating settlements as needed
  • Ensuring the timely filing of all appeals

EOL.Law works with highly trained Pennsylvania denied workers compensation claim lawyers. Our lawyers specialize in denied workers comp claims and understand how to secure benefits efficiently and effectively.

Denied Workers Comp Claim: Can You Sue Your Employer?

If you happen to get your workers comp claim denied, then you probably asked yourself this question: “Can I sue my employer for denying workers comp?” In Pennsylvania, the answer depends on how the injury happened and whether any workplace misconduct was involved.

When Lawsuits Are Allowed

While workers’ compensation generally prevents employees from suing their employers, certain situations are exempted. You might be able to sue if:

  • Your employer intentionally caused your injury
  • Your employer retaliated against you after you filed a workers’ comp claim
  • Your employer failed to carry workers’ compensation insurance, resulting in civil liability

These situations are usually outside the scope of the workers’ compensation system and may entitle you to additional damages.

When Worker’s Comp Is the Exclusive Remedy

In the majority of workplace accident cases, Pennsylvania’s Workers’ Compensation Act provides an exclusive remedy. This simply means that you cannot sue your employer for negligence.

Basically, this system protects employers from accountability while ensuring employees have access to medical treatment and income loss benefits. However, these benefits are usually restricted in comparison to what you may recover in a civil lawsuit.

Employer Misconduct or Retaliation

Some employers try to punish employees who file claims. But Pennsylvania law strictly prohibits retaliation. Retaliatory actions can include:

  • Creating an unpleasant or unsafe work environment
  • Demotion
  • Reduction of hours or shift
  • Termination

If by any chance you experience retaliation, you may be able to file a separate legal action. This includes claims under employment law.

When Third-Party Lawsuits Apply

Even if you cannot sue your employer, you may be able to sue third parties whose negligence caused your injury. Examples are:

  • Equipment manufacturers are responsible for the accident due to their defective machinery or products
  • Contractors or subcontractors who established unsafe working conditions
  • Negligent drivers involved in work-related accidents
  • Property owners who created unsafe work conditions on their property

Normally, these third-party claims allow injured workers to seek additional compensation beyond what workers’ comp provides, including pain and suffering.

What If My Workers Comp Claim Is Denied? (Practical Tips)

You heard the news that you got your workers’ comp claim denied? Don’t worry because a denial doesn’t mean your case is over. In Pennsylvania, most of the denied claims are later allowed after workers provide stronger evidence or address procedural errors.

Here’s a handy guide to help you take charge of your next legal actions.

This quick-reference table below outlines the essential actions that every injured worker should follow after receiving a denial:

Step What It Means Why It Matters
Request the denial letter
Get the insurer’s formal explanation
Helps you address the exact reason for the denial
Seek updated medical care
Strengthen or clarify medical records
Medical evidence is the #1 factor in successful appeals
Gather missing paperwork
Collect reports, statements, and documentation
Corrects gaps that led to the denial
File petitions on time
Follow PA appeal and petition deadlines
Missing deadlines automatically ends your claim
Consult a lawyer
Get legal guidance as early as possible
Significantly increases your chances of winning

Do Not Miss Any Deadlines

Late filings are one of the most typical reasons why a workers’ compensation claim is denied permanently. Pennsylvania has rigorous deadlines. So, missing even one can prevent you from reviving your case. Make it a practice to always keep track of filing dates and documents when documentation is sent or received.

Be Consistent in Your Medical Treatment

When you miss visits or fail to follow your treatment plan, insurers often argue:

  • Your injury is not that serious
  • You have recovered already
  • You’re not committed to medical advice

Consistent therapy and medical treatment increase your credibility and enhance the medical basis for your claim.

Avoid Talking About Your Injury on Social Media

Insurance firms regularly monitor social media during appeals. They usually search for:

  • Photos
  • Videos
  • Check-Ins
  • Stories

Even a harmless or incorrect post might be taken out of context. Worse? It can be used to invalidate your argument.

Document Everything

Proper documentation can either make or break your case. Keep in mind that it would be best if you keep detailed records of the following, as it will come in handy in the future:

  • Receipts
  • Medical Bills
  • Employer Conversations
  • Doctor Notes
  • Missed workdays or reduced hours
  • Emails or texts about your injury

Strong documentation closes the gaps that insurers use to justify a denied workers comp claim.

Consult a Workers Compensation Denial Lawyer Early

The majority of denied workers’ compensation claims can be fixed. But, it’s only possible if the necessary measures are completed soon. A completed Pennsylvania workers’ compensation denial attorney can:

  • Strengthen medical evidence
  • Correct paperwork errors
  • Communicate and negotiate with the insurance providers
  • Walk you through the appeals
  • Protect you from retaliation

At EOL.Law, we connect injured workers with reputable Pennsylvania denied workers compensation claim lawyers who can reopen your denied claim and secure the benefits you truly deserve.

Workers Comp Claim Denied: Protecting Your Medical Bills and Benefits

A failed workers’ compensation claim can cause immediate financial stress, especially when medical bills start to accumulate. Here’s how Pennsylvania employees can protect themselves while the dispute is ongoing:

What Happens to Unpaid Medical Bills

When your workers’ compensation claim is denied, medical providers may still expect payment. So, while waiting for the result of the appeal, you may need to:

  • Utilize your personal insurance temporarily
  • Negotiate a short-term payment plan
  • Ask providers to delay billing until the appeal is resolved

A lot of providers understand the appeals process and will delay bills if they’re aware of a pending workers’ compensation claim.

How to Keep Treatment Going During the Appeal

Your medical care shouldn’t be suspended just because your claim was denied. When doctors are fully aware that an appeal is in progress, they often continue providing treatment.

If you finally win your appeal, then workers’ compensation may reimburse you for medical expenses retroactively, such as the treatments, diagnostics, and follow-up visits.

Temporary Disability Benefits During a Denial

Wage loss benefits usually stop when you have your workers comp claim denied. This simply means you won’t receive TTD, or Temporary Total Disability, or partial disability benefits. Not until the denial has been overturned. Always remember that the sooner you file an appeal, the sooner your benefits can resume. And in most instances, back pay may be awarded.

Employer and Insurer Responsibilities

Even after issuing a denial, the employer’s insurance provider must continue to treat the claim equally. This includes:

  • Conducting ongoing investigations
  • Considering the newly submitted evidence
  • Reviewing updated medical reports
  • Responding to your petition during the appeal

They cannot ignore your case simply because an initial denial was issued.

Workers Comp Claim Denied: Common Mistakes to Avoid

Making mistakes is inevitable, but it’s best to avoid doing so. A denied claim is usually the result of avoidable errors. Avoid the following pitfalls to protect your benefits:

Ignoring Requests From the Insurance Company

Make sure to be attentive as always and keep your lines open. Missing calls, emails, or document requests may be perceived as non-cooperation. This is a pretty common excuse insurers use to justify the denial.

Not Following Doctor’s Orders

Failure to attend medical appointments, skipping referrals, or discontinuing treatment gives the insurer room to doubt that your injury isn’t serious at all. Or worse? They might consider that you aren’t doing your part.

Failing to Report the Injury Accurately

Any discrepancies between your original report, medical documents, and accident description can undermine your credibility and make the insurance provider question your claim.

Missing Important Procedural Deadlines

Pennsylvania workers’ compensation timelines provide a little room for mistakes. Even minor delays in reporting, filing, or submitting necessary papers may result in an automatic denial.

EOL.Law Helps You Appeal and Win After a Workers Comp Claim Denial

EOL.Law works with a network of reliable denied workers compensation claim lawyers who:

  • Truly understand Pennsylvania’s strict filing deadlines
  • Navigate insurer disputes efficiently
  • Build a strong appeal supported by detailed evidence
  • Advocate aggressively for medical care and income loss benefits

If your worker’ compensation claim was refused, you don’t have to face it alone. EOL.Law may assist you in taking control, challenging the denial, and fighting for the benefits that the law guarantees. Call us now and schedule your free case evaluation.

Frequently Asked Questions on What To Do If Your Workers’ Comp Claim Is Denied

You may need to utilize your personal health insurance temporarily, negotiate payment plans with providers, or request that medical bills be delayed until your appeal is resolved.

Based on the recent data from the Commonwealth of Pennsylvania Insurance Department, the aggregated initial claim denial rate for health-related claims in the state is generally between 12.6% and 14.8% (3rd Edition Transparency in Coverage Report PY2026 Review).

These are the two main reasons why most injured workers get their workers comp claim denied:

  • Lack of proof that the injury is work-related
  • Missing, incomplete, and inconsistent medical documentation

As soon as you get the notice that your workers’ comp claim is denied, make sure to do the following immediately:

  • Request the official denial letter
  • Gather any missing or updated evidence
  • Verify your medical data and ensure it’s complete
  • Consult a denied workers compensation claim as soon as possible

In reality, you’ve already asked yourself, “What if my workers comp claim is denied?” Each case is unique, and there are cases that get a denial. Common reasons include late injury reporting, medical disputes, insufficient documentation, disagreements with your employer, or failure to meet procedural deadlines.

His career began in public service as a Surveillance Officer in Maricopa County, where he gained firsthand experience in high-stakes decision-making and developed a deep sense of discipline and accountability. He later served as Chief Operating Officer of a fast-growing law firm, driving efficiency, revenue growth, and team development. Today, Ryan focuses on helping law firms reach their full potential by aligning people, processes, and long-term vision. A strategic thinker and empowering leader, Ryan is passionate about developing others and guiding organizations through meaningful, lasting growth.

Passionate about securing legal rights, Joseph actively participates in pro bono work through various organizations, including Christian Legal Aid of Pittsburgh and the ABA Military Pro Bono Project. Licensed to practice in Pennsylvania and the U.S. District Court for the Western District of Pennsylvania, he is a member of the Allegheny County and Pennsylvania Bar Associations. Outside of work, Joseph enjoys sports, reading, and creative writing, and has been involved in rowing and curling. He resides in Mt. Lebanon, Pennsylvania, with his parents.

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While in law school, he distinguished himself as Executive Editor of JURIS Magazine, received the prestigious CALI Excellence for the Future Award, and completed five hands-on internships that laid a strong foundation for his legal career.


Nicholas began his post-graduate career clerking for the Honorable Linda Rovder Fleming in the Cambria County Court of Common Pleas. From there, he quickly found his calling in workers’ compensation, personal injury, and Social Security disability law—areas where he could directly impact people’s lives in moments of crisis. He’s helped clients navigate complex legal claims, including securing a settlement exceeding $300,000.

Nicholas brings clear communication, genuine empathy, and an unrelenting drive to achieve the best outcomes for his clients. Whether he’s navigating a complex workers’ comp claim or pushing for a major settlement, he brings focus, dedication, and deep legal knowledge to every case.

He’s also a proud member of Pennsylvania Advocates for Justice and remains active in various professional legal organizations. Nicholas is licensed to practice law in Pennsylvania.

When he’s not fighting for the injured, Nicholas is enjoying time with his family, kicking a soccer ball around, hitting the golf course, or cheering on Pittsburgh’s local teams.

Joe Ring heads the workers’ compensation department at Ethen Ostroff Law, where he takes pride in fighting for injured workers.

Joe is a Philadelphia native and maintains deep roots in the area.  As the grandson of a Philadelphia Firefighter, son of a Philadelphia public school teacher, and veteran of the United State Marine Corps, he was taught to value service, dedication, and hard work.   He applies these values to every case and takes great satisfaction in representing hard-working clients with those same traits.

After obtaining his bachelor’s degree in history from St. Vincent College in Western Pennsylvania, he graduated from Villanova Law School in 2012 and, since then, has litigated hundreds of workers’ compensation hearings and trial depositions on behalf of both employers and injured workers.  During this time, Mr. Ring has written articles and presented Continuing Legal Education courses on developments in Pennsylvania Workers’ Compensation Law.  He is active in local professional organizations, and, in 2022, he served a Co-chairperson of the Philadelphia Bar Associations Workers’ Compensation Section.

Since coming to EOL in 2024, he has dedicated his practice entirely to helping injured workers navigate the system and obtain their rightful benefits.

Joe is licensed to practice in Pennsylvania.

Brandon Zanan heads the personal injury claim department with Ethen Ostroff Law.

Brandon’s education in both law and medicine assist him in expertly representing badly injured victims. Brandon has a Master’s Degree in Forensic Medicine from the Philadelphia College of Osteopathic Medicine, with a concentration in anatomy and pathology. With this knowledge,  Brandon is skilled at analyzing medical records and understanding injuries that are common in personal injury claims. He uses this expertise in conjunction with listening carefully to each client’s needs, in order to fiercely advocate for clients and tell their stories when they would not otherwise have a voice.

Brandon’s background includes a variety of experience and skills in various areas of civil practice. He is the author and editor of numerous books for the George T. Bisel Publishing Company, including “Pennsylvania Damages” and the “Pennsylvania Vehicle Code Annotated,” two texts that are frequently relied on by lawyers and judges across Pennsylvania as authoritative resources on personal injury law.

Brandon is a member of the Pennsylvania and Montgomery Bar Associations. He is also a member of Pennsylvania Association for Justice, and has served as an executive board member of the Montgomery American Inn of Court.

He is admitted to practice in the Commonwealth of Pennsylvania, the United States District Courts for the Eastern District of Pennsylvania and Middle District of Pennsylvania, the State of New Jersey, the United States District Court for the District of New Jersey, and in the Commonwealth of Virginia. Brandon has represented many clients in motor vehicle, premises liability, animal bite, and products liability cases across Pennsylvania and New Jersey and has obtained outstanding results with millions of dollars recovered for his clients.

He has been named a Pennsylvania Rising Star from 2021 onward. The “Super Lawyers-Rising Star®”, list recognizes no more than 2.5 percent of attorneys in each state

Brandon currently lives in Malvern with his wife Rachel and their son Max.

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EO may periodically change, remove, or add the material on the Site without notice. This material may contain technical or typographical errors. EO DOES NOT GUARANTEE ITS ACCURACY, COMPLETENESS OR SUITABILITY. EO assumes no liability or responsibility for any errors or omissions in the contents of the Site. Your use of the Site is at your own risk. Under no circumstances shall EO or any other party involved in the creation, production, or delivery of the Site be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of, the Site. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL EO BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS WEBSITE, OR FOR ANY OTHER LINKED WEBSITE.

Third-party Web Sites

The Site contains links to third-party websites for the convenience of our users. EO does not endorse any of these third-party sites and does not imply any association between EO and those sites. EO does not control these third-party websites and cannot represent that their policies and practices will be consistent with these Terms of Use. If you use links to access and use such websites, you do so at your own risk. EO is not responsible for the contents or availability of any linked sites. These links are provided only as a convenience to the recipient. These Terms only apply to the Site and do not apply to any linked sites. We encourage you to read and understand the terms of use of any linked sites that you visit. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any linked site.

EO Clients

Only individuals who have entered into a mutually signed retainer agreement with EO are EO clients (“EO Clients”).

Legal and Ethical Requirements

EO has tried to comply with all legal and ethical requirements in compiling the Site. We welcome comments about our compliance with the applicable rules and will update the Site as warranted, upon learning of any new or different requirements.

Ethen Ostroff Law reserves the right to refer or sell leads that come through any of Ethen Ostroff Law’s marketing.

Ethen Ostroff Law also may sell leads on certain campaigns generated in association with third party marketing companies.

Governing Laws in Case of Dispute; Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Pennsylvania, USA, without regard to any choice of law principles. Any and all disputes arising hereunder shall be governed as set forth in the Arbitration section below.

Submissions

You are solely responsible for any information, content, or material you transmit to or through the Site (“Submissions”). You understand that Submissions are considered non-confidential and non-proprietary. Furthermore, you grant EO an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, copy, reproduce, display, publish, publicly perform, transmit, and distribute any Submission, without compensation or accounting to you or anyone else. You represent and warrant that: (a) you have the right to submit the Submission to EO and grant the licenses as described above; (b) EO will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (c) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the Submission complies with these Terms of Use and all applicable laws and regulations.

EO takes no responsibility and assumes no liability for any Submission.

Arbitration

Any and all claims by you arising out of or related to the Site or your use thereof may be resolved only through a binding arbitration proceeding to be conducted under the auspices of the Commercial Arbitration Rules of the American Arbitration Association in Montgomery County, Pennsylvania. Both your agreement to arbitrate all controversies, disputes and claims, and the results and awards rendered through the arbitration, will be final and binding on you and may be specifically enforced by legal proceedings. Arbitration will be the sole means of resolving such controversies, disputes and claims, and you waive your rights to resolve such controversies, disputes and claims by court proceedings or any other means. You agree that judgment may be entered on the award in any court of competent jurisdiction and, therefore, any award rendered shall be binding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You understand that by agreeing to arbitration as a mechanism to resolve all controversies, disputes and claims between us, you are waiving certain rights, including the right to bring an action in court, the right to a jury trial, the right to broad discovery, and the right to an appeal. You understand that in the context of arbitration, a case is decided by an arbitrator (one or more), not by a judge or a jury.

International Use

The Site is controlled, operated, and administered by EO from offices within the United States of America and is only intended for use therein. We make no representation regarding use of the Site outside of the United States.

Other Terms

If, for any reason, our Terms of Use, Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms of Use and Privacy Policy shall continue in full force and effect. EO’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by EO hereof will be deemed effective unless in writing. These Terms of Use, together with our Privacy Policy, as each is currently posted, constitute the entire agreement between EO and you with respect to your use of the Site and supersede all previous written or oral agreements relating to the subject matter hereof, that this agreement shall not supersede, restrict, or replace any agreements governing the attorney-client relationship between EO and EO Clients.

EO may, in its sole discretion and without prior notice, block and/or terminate your access to the Site and if we determine that you have violated these Terms of Use or other terms or agreements or that may be associated therewith or if you use the Site in a way that we deem, in our sole discretion, to be an unacceptable use.