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Termination, Suspension or Modification of Benefits

If you have been injured in a work-related accident and are receiving Workers’ Compensation benefits, you may be unable to work and dependent on your benefits to support your family while you recover. Termination of benefits before your injury has healed can be a stressful and terrifying prospect. At Gross & Kenny, LLP we fight to ensure our clients receive the maximum allowable compensation, and that their benefits continue for as long as they are needed.

When and if your employer intends to terminate your benefits, you will receive something called a “Petition to Modify, Suspend, or Terminate.” If you receive such a petition, contact an attorney right away, so that you will have the advantage of experienced legal representation at the hearing that will determine the outcome of your case.

Common Reasons for Termination of Benefits

There are some legitimate reasons for an employer or insurance company to terminate an employee’s Workers’ Compensation benefits. These can include:

  • The employee’s work injury has healed, and they are able to return to work.
  • The employee negotiates a lump sum settlement that allows the insurance company to terminate benefits in exchange.
  • The period of partial disability benefits has ended. In Pennsylvania this is 500 weeks, and in New Jersey it is 450 weeks.
  • A Workers’ Compensation judge orders termination of benefits after the insurance company files a petition to terminate.
  • The employee is supposed to take part in a treatment program but does not comply.
  • The Workers’ Compensation claim is found to be fraudulent or have misrepresentation of the facts.

While most employers will only petition to terminate benefits when it is appropriate and legitimate, such as in one of the above situations, some employers or their insurers will wrongfully terminate Workers’ Compensation benefits to avoid paying the full amount they owe to an injured employee.

Entitled to Benefits

Your employer may not stop paying your benefits without good cause. A medical expert must testify that your injury has fully healed, you are able to work again, and that any remaining disability does not stem from the work injury. If you are still injured, you may be eligible for benefits and should seek legal counsel from a qualified Workers’ Compensation lawyer, who can help you appeal your denial of benefits. By providing medical evidence to support your case, a skilled attorney can take legal steps to have your benefits reinstated.

For instance, if your employer’s doctor thinks you are fully recovered and able to return to work, but your personal doctor disagrees, you are not obligated to return to your job. While you appeal your termination of benefits, your payments will not change until a judge reviews your claim and decides the outcome of your case.

Do not underestimate the difference having an experienced attorney can make. At Gross & Kenny, LLP, Workers’ Compensation is the focus of our entire practice, and our attorneys know what medical proof is needed to ensure your benefits continue until you make a full recovery.

Contact the Philadelphia Workers’ Compensation Benefits Lawyers of Gross & Kenny, LLP

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 call Gross & Kenny, LLP, at 267-589-0090 or 215-512-1500 or contact us online today for a free consultation. Our Workers’ Compensation attorneys in Philadelphia will defend your rights against any attempt at termination of your Workers’ Compensation 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.