Philadelphia Suspension of Benefits Attorneys
In lieu of a petition to terminate benefits, an employer or a Workers’ Compensation insurer may file a Petition for Suspension of Benefits when an injured employee has returned to work, but has not completely healed from a workplace injury. In this case, the worker may need future treatment for the injuries or illness, or at least regular monitoring and periodic check-ups; however, the worker is able to return to his job without loss of income. If your employer or its insurance company is seeking to suspend your Workers’ Compensation benefits, contact the experienced Pearson Koutcher Law, Philadelphia workplace injury lawyers to discuss how to ensure that your right to future benefits is preserved, as well as your right to challenge the suspension.
Suspension and Reinstatement of Benefits
A Petition for Suspension of Benefits is an acknowledgement by your employer and its insurance carrier that you have not completely recovered from your workplace injury or illness and, in the future, wage loss and medical treatment may occur as a result of the work injury. A suspension of benefits is typical when the injured worker returns to work at no loss of earnings. During the suspension of your Workers’ Compensation benefits, a period lasting 500 weeks, your employer or its insurer must pay any medical bills related to the work injury. A Petition to Reinstate wage-loss benefits during the suspension period is appropriate when your wage loss again occurs, whether a result of a worsening of your condition, the performance of a surgical procedure or a layoff from work.
Challenging a Suspension of Benefits
Once you have returned to work, your employer can suspend your Workers’ Compensation benefits upon notification to you and the Department of Labor by mail within seven days of your return to work. You may receive a document called a Notification of Suspension or Modification. If you choose to contest the suspension, you have 20 days to file for a special “supersedeas” hearing challenging the employer’s claims, i.e. you’ve returned to work at earnings equal to or greater than your earnings at the time of the matter. If you do not contest the Notification of Suspension or Modification within the 20 days, you are deemed to have admitted the facts as presented by your employer.
Call Our Philadelphia Workers’ Compensation Attorneys to Discuss Your Rights
If you are served with a Petition for Suspension of Benefits, or receive a Notification of Suspension or Modification, the clock starts ticking immediately. You have very little time to decide your next move. Pick up the phone and call the law firm of Pearson Koutcher Law, to speak with a knowledgeable Workers’ Compensation attorney specializing in Workers’ Compensation law. If the Petition for Suspension has been properly filed, we will make sure that your right to future medical care and wage-loss benefits is protected. If a challenge to your employer’s Petition is appropriate, we will passionately fight to safeguard your right to continued benefits until you are fully recovered. Conveniently located in Philadelphia, we represent clients throughout the state of Pennsylvania. Contact us today to discuss how we can help you with your Workers’ Compensation matter.