Archive for February, 2023

For injured and ill workers in Pennsylvania, receiving workers’ comp benefits is often essential to their ability to pay their bills and support themselves and their families. This is why it is so detrimental that they retain these benefits as long as they are able. So, what are the reasons why injured workers in Pennsylvania can lose their hard-won workers’ compensation benefits? Our Lancaster workplace accident attorney explains some of the more common reasons below.  

Reasons for Termination

Medical Services

Receiving a favorable decision regarding your workers’ comp claim does not mean that your obligations to comply with medical treatment have ended. On the contrary, workers’ comp mandates that you continue to attend your doctors’ appointments and comply with doctors’ orders. Workers’ compensation is intended to assist you in paying your medical bills and having an income while you recover and heal. Therefore, failure to comply with the instructions of your healthcare professionals can result in the termination of your benefits. 

Criminal Conviction

In Pennsylvania, a criminal conviction that results in time spent in incarceration can result in the termination of workers’ comp benefits. 

You Return to Work 

As the goal of workers’ compensation is to provide you with a source of income and medical expenses, if you are able to return to work and earn at least as much as you were earning when the illness or injury occurred, your workers’ comp benefits will terminate. Any medical costs that are incurred due to the work-related injury or illness should still be covered, however.   

You Agree to a Lump Sum Payment

Insurance companies sometimes offer a one-time lump sum payment to injured workers in lieu of their workers’ comp benefit payments. Whether or not you should accept this lump sum is a matter to be addressed with your Lancaster workplace accident attorney.

You Die

If you die, and your death is not related to the injury or illness for which you have been receiving workers’ compensation benefits, the benefits will end. If you die for reasons related to your on-the-job illness or injury, your family may still be able to receive survivor benefits. Whether or not your family will be able to receive these benefits is a question for your Lancaster workplace accident attorney. 

What To Do If Your Benefits May Be Terminated

Your employer should file a Petition to Terminate, Modify, or Suspend if they decide to terminate your workers’ comp benefits. As soon as you receive this petition, you should contact your Lancaster workplace accident attorney as there are typically deadlines for your response, and these deadlines may be very soon. Your lawyer will know how to proceed to help you retain the benefits you need. 

You should also receive a Notice of Assignment that informs you who the judge (WCJ) will be in your case, as well as instructions regarding the filing of your answer. It is important that you ensure your Lancaster workplace accident attorney receives this notice as well. 

Importance of Hiring a Lancaster Workplace Accident Attorney

It is possible you will need to go through litigation to fight for your workers’ comp benefits, and when this happens, the abilities of your attorney can make a huge impact on the outcome of your case. Speaking with a Lancaster workplace accident attorney at Vanasse Law, LLC can help put your mind at ease and support your ability to maintain your benefits.

If you are worried that you will not be able to afford a lawyer to help you retain your benefits, rest assured that we work on a contingency basis, which means you do not pay us anything upfront. Contact our firm to learn more about how we are paid and how we can help support your case. 

Consult With Medical Professionals

When the pending termination of your benefits is based on the opinion of the employer’s doctor that you are able to return to work, it is important that you seek the opinion of your own physician. It is best to fight the opinion of the employer’s doctor with the opinion of another physician. If your doctor agrees with you that you are not yet ready to return to work, a judge can hear the case and make a decision regarding your benefits.   

Next Steps

You will typically have the opportunity to submit to mediation to settle the petition. Mediation will likely be between you, your employer, and your employer’s insurance carrier. All parties are encouraged to reach a settlement, however, if a settlement is not able to be reached, the parties will attend one or more hearings. The exact number of hearings will vary based on the WCJ assigned, the evidence that needs to be collected, and the basis for the petition. It is likely that you will need to testify at some point in the process.   

Your lawyer will be instrumental in advising you during this time and ensuring your case is progressing as it should. They will notify you when you will need to testify and help you to be prepared to give your testimony. Your attorney will also attend the depositions of any physicians that are testifying in your case. There should be at least two doctors giving testimony, your physician and the doctor for the employer. 

Appeals

Even if the WCJ decides against you, you still have the right to appeal. However, you will not receive any benefits from workers’ comp unless and until the WCJ’s decision is reversed. 

Consult With A Lancaster Workplace Accident Attorney From Vanasse Law, LLC 

If you are in jeopardy of losing your workers’ comp benefits, or you have already had your workers’ comp benefits terminated, consult with a Lancaster workplace accident attorney at Vanasse Law, LLC. We have the experience and skills needed to help you retain the benefits you need to support yourself and those you love. We may be reached via our contact page.