Termination Of Workers' Comp Benefits

Employers and their insurance companies are not paying workers' compensation benefits out of the goodness of their hearts; they are following the rules and regulations that govern Pennsylvania workers' compensation. They will likely take the first opportunity available to lessen or terminate your workers' compensation benefits.

It can be a difficult battle for an injured worker when his or her benefits are challenged. If your benefits are being challenged, you can rely on attorney Jeffrey S. Gross, a certified specialist in workers' compensation law,* to protect your benefits.

A termination of benefits is only appropriate when:

  • The injured worker has made a full recovery of the effects of his or her work-related injury;
  • The injured worker needs no further medical treatment; and
  • The injured worker can return to his or her preinjury position without restrictions.

Protecting Your Benefits From Termination Or Suspension

When employers and insurance companies are seeking to end your benefits, they have a couple of options at their disposal: suspension petitions and termination petitions.

A suspension petition is used to stop an injured worker's wage loss benefits. In this scenario, medical benefits continue even if the suspension petition is successful. A termination petition is filed when an employer believes a worker is fully recovered from his or her injuries and that he or she can return to work without restrictions. For a termination petition to be successful, there must be medical evidence to support the petition.

A suspension petition is only appropriate when:

  • The injured worker is offered his or her preinjury position; and
  • The injured worker is not fully recovered, but can return to work without restrictions

We have successfully defended the benefits of injured workers in Pennsylvania for more than two decades. You can rely on us to devote our resources and deep comprehension of the law to waging a strong fight on your behalf.

Modification Of Benefits

There are multiple types of modifications. One is when the injured worker is capable of getting a different job and earning money. Modification can also occur when an injured worker's disability status has been changed from temporary total to temporary partial. Or, modification of benefits can be sought when the injured worker has had an impairment rating evaluation, which occurs after receiving 104 weeks of disability benefits.

Contact Philadelphia Attorney Jeffrey S. Gross

If your employer is challenging your benefits, pressing you to return to work or asking you to undergo a medical review, it is in your best interest to contact us today for a free consultation. Our Philadelphia lawyers will defend your rights against any attempt at termination of your workers' comp benefits.

*Jeffrey S. Gross is certified as a specialist in the practice of Workers' Compensation Law by the Pennsylvania Bar Association's Section on Workers' Compensation Law as authorized by the Pennsylvania Supreme Court.