Suspension of Benefits
Suspension of benefits in West Chester PA
Getting justice from a Pennsylvania workers compensation requires aggressive Chester County workers compensation lawyers who fight for victims of work injury and are experienced at representing them at the Chester County workers compensation hearing office in Malvern PA. Contact Ciccarelli Law Offices when you are facing a Suspension Petition filed by your employer or their insurance company to suspend your work wage benefits. Contact us 24/7 at (610) 692-8700.
Workers’ compensation benefits should be “suspended” when you have returned to your time of injury job without any wage loss, but have not completely healed from the work injury. If your doctor has advised you that you need periodic check-ups and treatment for the work injury or, for any reason, you have not completely healed, but you have returned to your time of injury job without wage loss, you are entitled to a “suspension” of benefits. A suspension of your workers’ compensation benefits is an acknowledgement by your employer that medical treatment and possibly wage loss may occur in the future as a result of the work injury. A suspension of workers’ compensation benefits lasts for a period of 500 weeks.
During the period of suspension, the company should pay any medical bills related to the work injury. In addition, it should be easier to receive wage loss benefits if a wage loss occurs in the future as a result of the work injury.
If you have returned to your time of injury job without a wage loss and have been advised by your doctor that you are not completely healed or that future treatment may be necessary, you should sign an Agreement or Supplemental Agreement for Compensation providing that benefits are to be “suspended”.
An employer can suspend compensation during the time in which an employee has returned to work provided that notification is given to the employee. The employer must notify the employee and the Department of Labor by mail within seven days of the suspension.
If the employee desires to contest the facts in the notification, a special supersedeas hearing can be requested by the employee on a Department notification form. The employee would have 20 days to file the notice of a challenge with the Department. A special supersedeas hearing would be held within 21 days. If no challenge is filed within the 20 days, the employee is deemed to have admitted a return to work at time of injury or greater earnings.
The employer’s notification would have the effect of a fully binding agreement to suspend benefits. The same notification procedure can also be used by an employer who is seeking a modification of benefits.
Employer cannot suspend, terminate or decrease compensation benefits without a supplemental agreement, final receipt or filing a petition alleging a return to work or full recovery as set forth above without being subject to a penalty.
An adverse party who has been served proper notice of a Claim Petition has 20 days to file an Answer with the Department or judge. Every fact in a Claim Petition not specifically denied in the Answer from an adverse party shall be deemed to be admitted. However, a judge may require proof of fact. If the adverse party fails to answer, appear or be represented at the hearing, the judge must decide the merits on the basis of the petition presented.
Our promise: You need a Pennsylvania workers compensation lawyer who understands the seriousness of your Chester County workers compensation claim and will give it to you straight. You do not expect guarantees but you need a lawyer that you can trust to fight for you and your family to the fullest extent of the law. Our Pennsylvania legal team promises to work for you; be thorough and aggressive in setting out the best strategies for you and your loved ones.
We accept Pennsylvania workers compensation claims on a contingency fee basis; which means that we do not require an advance fee, retainer or hourly rate but base our fee on a percentage of the monetary settlement we earn for you. Call Us 24/7 toll free at (610) 692-8700. Learn how we will work toward the result you need.
We serve individuals and their families injured at work and seeking workers compensation benefits throughout Chester County and the greater Philadelphia Pennsylvania region including but not limited to: West Chester, Downingtown, Coatesville, Phoenixville, Parkesburg, Kennett Square, Oxford, Malvern, and in Philadelphia, Delaware County, Montgomery County, Bucks County, Lancaster County, Berks County, and Northampton County in Allentown, Bethlehem, Easton, Lancaster, Levittown, Media, Norristown, Philadelphia, Pottstown, Pottsville, Reading, West Chester, and Willow Grove.
When you have are seeking a monetary settlement of your workers compensation Pennsylvania, you need justice; and you need a top Chester County workers compensation lawyer with years of experience winning the tough cases: contact Lee Ciccarelli and our Pennsylvania Personal Injury team today. Call 24/7 at (610) 692-8700.