Can my employer try to terminate my workers’ compensation benefits in Pennsylvania?
Unfortunately, yes. Under the Pennsylvania Workersā Compensation Act, your employer may file a petition to terminate your right to workersā compensation benefits, if it can show that you are no longer disabled or that any remaining disability is unrelated to the injury.
Your employer can win a termination of benefits if its medical expert offers testimony that you are fully recovered, that you can return to work without restrictions and that there are no medical findings to support your complaints of pain.
How will I know if a request to end my benefits has been filed?
If a request to terminate your work comp benefits has been filed, you will receive a āPetition to Modify, Suspend, or Terminate.ā Itās important to contact an attorney as soon as you receive this petition. Often there are strict deadlines for responding. You should have an attorney advise you of your legal rights and represent you before a judge.
My employer sent me a petition saying my workersā compensation payments should stop on the day I was examined by my employerās doctor. Will my payments stop?
This petition you received is called a āPetition to Terminate Compensation Benefits,ā and your employer filed the petition because they believe that you have recovered from your injury and can now return to work.
A workersā compensation judge will decide if your payments will stop. Until those hearings take place, you should still receive your workersā compensation benefits and payments. If youāve received one of these petitions, you should speak with an attorney immediately if you believe youāre still too injured to work or your personal doctor hasnāt released you to work.
What if I personally believe Iām still unable to start working again?
If you feel that your employer is trying to force you back to work even though the company doctor doesnāt think youāre ready, chances are that your company will stop pressuring you. However, if the company doctor says youāre ready to return but your own personal doctor disagrees, you can refuse to return to work. Though your employer may file a āPetition to Terminate, Modify, or Suspend Benefits,ā your payments wonāt change until a judge reviews and decides your case.
If your own doctor feels youāre able to work, but you disagree and refuse to return, you may lose your workersā compensation coverage.
A lawyer can help you figure out if itās in your best interest to return to work. You should contact one right away.