Philadelphia Workers Compensation Modification Petition Attorney

Workers compensation benefits are not intended to replace a person’s income indefinitely. They are to temporarily replace the income a person could otherwise be earning were it not for the injury. An employer’s insurance company is keeping tabs on the recovery of an injured worker. Those periodic medical examinations may be less about continuing medical care and more about your ability to return to some kind of income-producing activity. If the insurance company can show that you are capable of working and there is work available you can do, they can reduce or eliminate the wage replacement portion of your workers’ compensation benefits. A petition to modify or suspend workers compensation does not affect the benefits being received for medical care.

If you have received notice that your employer has filed a modification petition and you think there has been a mistake about your ability to work, you need to contact a Philadelphia workers’ compensation modification petition attorney right away. At Gross & Kenny, LLP, we know the lengths insurance companies will go to reduce or terminate wage loss benefits and we won’t let them steamroll our clients.

What Happens During a Workers’ Compensation Modification Hearing?

What happens is that your employer’s insurance company tells a workers’ compensation judge (WCJ) that your weekly checks should stop or be significantly reduced because you are able to work and work is available. What your attorney does is present evidence to show you are not able to work or not able to work in the manner that the insurance company says you are so you can maintain the highest amount of continued benefits possible.

This is a process of back and forth that typically takes 6 to 9 months before the judge renders a decision. During that time you continue to receive benefits. Nothing changes until a final determination is made.

Possible Decisions the Judge Could Make

There are 3 possible outcomes that a WCJ can reach based on the evidence he or she reviews.

  1. You cannot work – your benefits continue as they have been
  2. You can do some work – your benefits are reduced – A typical reduction would be to an amount that is 2/3rds of the difference between what you can earn now and what you used to make.
  3. You are able to work and earn as much or more than before your injury – your benefits are suspended (terminated).

Why You Need an Attorney When Facing a Modification Petition

If you are defending an employer’s petition to reduce or stop your workers’ compensation benefits it’s important that you make your best argument to continue your benefits in response to the original petition. If the WCJ decides to reduce or terminate your benefits, you can appeal but your benefits will change in the meantime and it’s harder to recover them.

At Gross & Kenney, LLP, we understand how crucial it is for the WCJ to consider all relevant evidence in your favor during the modification petition hearings. Our Philadelphia workers compensation petition lawyers have 30+ years of experience discrediting evidence presented by insurance companies. If you’d like to learn how we can help you keep your benefits, click here to contact us for a free consultation or call us at 215-512-1500 for an immediate response.

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