Workers’ compensation provides Pennsylvania workers with reimbursement benefits for a portion of lost earnings, coverage of medical expenses, and permanent disability benefits. These benefits provide necessary resources to workers who have suffered a work-related injury or occupational illness. When workers’ compensation benefits end, your workers’ compensation insurer will no longer be responsible for paying lost wages or medical benefits.
If you believe that your benefits were terminated early or if you were the victim of unlawful termination, our Franklin County workers’ compensation lawyers are more than happy to speak with you.
What Events Could Trigger Termination of Workers’ Comp Benefits in Pennsylvania?
A worker who is injured in the course of their employment or has fallen ill due to occupational exposure is entitled to workers’ compensation benefits in Pennsylvania. However, certain events could trigger the end of workers’ comp benefits, including:
- Your treating physician is determining that you have reached maximum medical improvement (MMI), allowing you to return to work on a reduced schedule.
- A doctor clears you to return to work, but you refuse to do so, even after your employer offers you a position accommodating your physical limitations. Your refusal will result in the termination of benefits.
- You have made a full recovery, permitting you to return to work, earning the same or more than your pre-injury wages.
- You sign a settlement agreement or an agreement to terminate benefits.
- A workers’ compensation judge terminates your benefits following a hearing. (You have a right to appeal, which must be filed within 20 days of the denial.
- You have reached the 500-week maximum payment period on partial disability. Partial disability wage loss benefits equal two-thirds of the difference between your pre-injury wages and current wages. The 500 weeks do not need to be paid consecutively. However, partial disability benefits max out at 500 weeks, regardless of your degree of improvement.
Termination Means That Your Medical and Lost Wage Benefits Will End
Your employer or workers’ comp insurer may terminate your benefits by contacting the Workers’ Compensation Office of Adjudication. Once your benefits are terminated, you will no longer be compensated for lost wages and medical expenses related to your injury. However, your employer is not allowed to terminate your benefits without notice. If your employer believes that you have recovered from your injuries, they may file a Petition to Terminate Compensation Benefits. Albeit it is ultimately up to a workers’ compensation judge if your benefits cease.
Appealing a workers’ compensation termination can be challenging. Our legal team recommends that you organize your medical invoice, imaging, discharge instructions, and other records related to your work-related injury or occupational exposure. This can show if your injuries prevent you from returning to work and if your benefits were unlawfully terminated. We also recommend speaking with your co-workers who may have witnessed your accident about testifying. If they can describe how the accident occurred and your condition following your injury, this will strengthen your claim.
Speak with Our Franklin County Workers’ Compensation Attorneys
At Shollenberger Januzzi & Wolfe, LLP, we understand the anxiety that comes with not having enough money to pay your living expenses, utilities, and to buy groceries. Thankfully, our Franklin County workers’ compensation attorneys are happy to assess your matter and to gather evidence to strengthen your appeal. Appealing the termination of your benefits can be an arduous process, but we are prepared to advocate aggressively on your behalf.
To arrange your free consultation to discuss our process, our office can be reached online or by phone at (717) 229-6580 today.