Philadelphia Workers' Compensation Termination Petition Lawyer
So your employer had been pretty cool about recognizing that you were injured at work and you had been able to get workers’ compensation benefits started with only a minimal wait time. You’ve been getting medical treatment and your condition is improving but you still aren’t recovered enough to resume your regular job duties. Your employer’s insurer has requested that you be examined by a doctor of their choosing to determine how your injuries are healing. A doctor is a friendly fellow and you are honestly saying that you do feel a lot better even though you still have significant limitations. You leave feeling like the insurance company doctor understood. Two weeks later you get a notification in the mail. Your employer has filed to terminate your workers’ compensation benefits.
Receiving notice that your employer wants to terminate your benefits is not welcome when you are still dealing with your work-related injuries and are not yet able to go back to work. The Philadelphia workers’ compensation termination petition lawyers at Gross & Kenny, LLP, can help you successfully challenge your employer’s petition so that your benefits continue for as long as you need them.
Don’t Panic, Your Workers’ Compensation Benefits Will Not Stop Immediately
As a South Philly or Bustleton attorney can attest, filing a Petition To Terminate your benefits is just the first step to getting the process started. What has likely happened is that the doctor for the insurance company concluded from his examination that your injuries had healed and you were fully recovered. The doctor’s opinion is then used by your employer to show that you no longer need to receive benefits.
A court hearing is scheduled and your employer’s insurer will ask the judge to end your benefits based on the doctor’s findings. The judge is unlikely to terminate your benefits based solely on the opinion of the doctor hired by the insurance company. You now have time to be evaluated by your own doctor to show the court that you do still require medical treatment and lost wage benefits.
While all of this investigation is going on and until the workers’ compensation judge makes a decision, you will continue to collect your benefits. It typically takes 6 to 9 months for a termination petition to be decided unless a settlement can be reached earlier.
Reach Out to a Philadelphia Workers’ Compensation Termination Petition Attorney
You do not stop receiving medical treatment when a termination petition notice arrives in the mail. Until your employer receives a Judge Order to stop issuing workers’ compensation benefits, you will continue to receive them. Medical treatment should continue until you are told otherwise by the judge presiding over the case. You should contact an experienced Philadelphia workers’ compensation termination petition lawyer from Gross & Kenny, LLP, as soon as you receive this notice in the mail. This is not a fight you should take on alone.
You May be Able to Settle Your Claim Before Your Benefits Terminate
If you and your employer can come to an agreement, then you won’t need to have a court decide if your benefits should continue. Settlement negotiations are usually encouraged unless you and your employer are so far apart that it would be a waste of time. This is where having an experienced attorney, skilled at negotiating settlements in workers’ comp cases can really make a difference for you. A good lawyer will propose a settlement that gets you everything you need while making the insurance company believe they are winning too.
Continue to Receive Treatment
It is important that you continue to receive treatment even after receiving notice of a workers’ compensation termination petition. This notice is not the final decision and benefits will continue until a judge grants the termination petition for your employer with a Judge’s Order. Your employer must continue to pay medical bills and workers’ compensation benefits during the litigation process for a termination petition. You can provide medical evidence that your condition has not yet improved and that continued treatment is the best course of action with the help of a Philadelphia workers’ compensation termination petition attorney from Gross & Kenny, LLP.
The Burden of Proof is Placed on Your Employer
A Philadelphia workers’ compensation termination petition attorney will explain to you that the burden of proof is placed on the employer by the law in Pennsylvania. This means that it is the responsibility of your employer to prove that your medical condition has improved to a point where benefits are no longer necessary. The employer does this by providing the court with its own medical evidence of your recovery. The evidence is gathered by the employer sending you for an independent medical evaluation with doctors of their choosing.
How a Philadelphia Workers’ Compensation Termination Petition Attorney Can Help
There’s no better time than now to talk to a Philadelphia workers’ compensation attorney from Gross & Kenny, LLP, especially if you received a termination petition in the mail recently. We understand how frustrating it is when your employer is not on the same page as you and your doctor following a workplace injury or illness. We also understand that your stress level will increase upon receiving notice that your benefits will be terminated.
Our team will review the petition and represent you in court at the scheduled hearing. Just know that your benefits will continue until a judge grants the termination petition if that even occurs. We will fight for your right to workers’ compensation benefits so they are not terminated. Our team will gather the medical evidence that proves to the judge and your employer that your injury has yet to heal and that you require more treatment.
A Philadelphia workers’ compensation termination petition attorney will answer all of your questions and provide a detailed explanation of what you can expect if a settlement cannot be reached outside of court regarding your workers’ compensation benefits. Give Gross & Kenny, LLP, a call at your convenience to schedule an appointment with a member of our workers’ compensation team.