Key takeaways:
- Insurers need a legal basis to stop or reduce Pennsylvania wage-loss checks.
- A suspension petition may stop checks if wage loss is disputed.
- A modification petition may reduce benefits based on earning capacity.
- A termination petition may end wage-loss and medical benefits.
- Injured workers should respond quickly before hearings or deadlines pass.
Workers’ compensation checks can feel like the only thing keeping your household steady while you recover from a job injury. So when the insurance company tries to stop, reduce, or challenge those payments, the situation can become stressful without astute legal aid.
In Pennsylvania, wage-loss checks generally should not stop just because an adjuster decides they are tired of paying. Employers and insurance carriers often need a legal basis, paperwork, or a judge’s decision before benefits change. Three common filings are suspension, modification, and termination petitions.
In today’s post, we look at what these petitions mean, how they may affect your checks, and when to call a workers’ comp lawyer in Allentown or Philadelphia.
What is a suspension petition?
A suspension petition usually argues that wage-loss benefits should stop because the worker is no longer losing wages from the work injury. This does not always mean the insurance company claims you are fully healed.
For example, the insurer may argue that you returned to work at equal wages, refused available work, or no longer have a wage loss tied to the injury. If a suspension is granted, wage-loss checks may stop, but medical benefits for the accepted work injury may continue.
A suspension petition can still be dangerous. Losing checks can put immediate pressure on an injured worker, especially when the injury is not fully resolved.
What is a modification petition?
A modification petition usually asks to reduce benefits rather than stop them entirely. The insurance company may claim you can work in some capacity, have an earning power, or should be receiving less because your wage loss has changed.
This often comes up after an independent medical exam, a job offer, a labor market survey, or a change in work status. The insurer may argue that you can perform lighter work, even if you cannot return to your old job.
Do not ignore a modification petition. A reduced check can still create serious financial strain, and the medical evidence behind the petition may need to be challenged.
What is a termination petition?
A termination petition is more aggressive. The insurance company is usually arguing that you have fully recovered from the work injury and no longer need workers’ compensation benefits for that injury.
If a termination petition is granted, wage-loss and medical benefits may end. These cases often depend heavily on medical evidence, including the insurance company doctor’s opinion and your treating doctor’s response.
A termination petition does not mean the insurance company is automatically right. It means they are trying to prove the injury no longer disables you or requires treatment under the workers’ compensation claim.
What should I do if I receive one of these petitions?
Move quickly, don’t waste time! Petition deadlines, hearings, medical evidence, and judge assignments can all affect your case.
Helpful steps include:
- Read every notice from the Bureau, judge, employer, and insurer
- Keep copies of benefit checks, medical records, and work restrictions
- Attend all treatment appointments
- Tell your doctor how the injury still affects your work
- Do not sign benefit paperwork you do not understand
- Speak with our attorney before the first hearing
The first hearing can matter, especially if the insurance company asks to stop or reduce checks while the case is pending.
Where can I find an aggressive workers comp lawyer in Allentown & Philadelphia?
If you were injured working on Passyunk Square or some other part of Pennsylvania, and your workers’ comp checks are suddenly challenged, don’t lose time before calling Liberty Bell. Our team of determined and methodical attorneys has come out on top in these types of cases many times before.
Whether it’s finding the right doctor for your injury, navigating the Impairment Rating Evaluation process, or guidance in case your appeal moves from the WCJ to higher review, we’ll be here to protect your best interest in all eventualities.
With millions of dollars won in benefits and experience with all types of claims, our team will carefully review your situation, explain what the insurer is trying to do, and fight to secure a better tomorrow for you and your loved ones. Contact us today!