What workers’ compensation petitions am I likely to receive/ file if I am injured at work?
This is a question that we see all the time with our PA workers’ comp clients, and it’s an important question because the forms that you have to file in a workers’ compensation case are varied and making a mistake while filling out and filing these forms can be detrimental to your case.
In this article, we’re going to cover the 5 most common forms that are to be filed when dealing with a Pennsylvania workers’ compensation case. Then We’ll give a short description of each of the 5 petitions, and explain how they might be used in a workers’ comp case.
The 5 most common Workers’ Compensation Petitions in PA are:
- Claim Petition
- Petition to Modify/Suspend or Terminate Compensation Benefits
- Petition to Review Compensation Benefits
- Petition to Reinstate Compensation Benefits
- Petition for Penalties
Filing these Petitions can be complicated, and making mistakes when filing can be very bad for your case. We recommend that you consult with an experienced Pennsylvania workers’ compensation attorney first, before attempting to fill out and file these petitions on your own.
Alternatively, if you receive one of these petitions, you NEED to consult with an experienced workers’ compensation attorney at once.
Attorney Joshua B. Goldberg has been handling PA workers’ comp cases for nearly 25 years, call today and schedule your free consultation with attorney Goldberg. He will help you understand these forms, file them correctly, and get you the benefits you deserve.
Pennsylvania Workers’ Compensation Petitions: Breaking Them Down
Now, let’s explain each workers’ compensation Petitions individually and give some real world examples:
Claim Petition
Not every Workers’ Compensation claim is accepted. Many claims are denied or in some situations your employer and/or its insurance company may choose to take no action.
If your particular claim has been denied or you do not receive an acknowledgement of your claim within 21 days of the reporting of the accident, you will need to immediately contact an attorney.
You can then file a Claim Petition.
A Claim Petition seeks to start a Workers’ Compensation claim. This is the way to start a claim if your claim is denied or is not accepted.
Petition to Modify/Suspend or Terminate Compensation Benefits
This is really three separate Petitions; a modification petition, a suspension petition, or a termination petition. These are used by your employer/employer’s insurance company to change, or modify, how much you are receiving in wage loss benefits, stop your wage loss benefits, or stop your wage loss and medical benefits.
These petitions will be filed after an IME, or independent medical examination, where your employer’s doctor disagrees with your doctor about your work restrictions/disability. To learn more about IME’s, click here.
A Modification Petition is filed where you can allegedly go back to work with restrictions but are not able to earn the same amount you were earning before you got hurt. Your medical benefits for the work injury will continue.
A Suspension Petition is used where you can allegedly return to work with restrictions and with no wage loss. Your medical benefits for the work injury will continue.
A Termination Petition is filed if the IME doctor says that you are fully recovered and can return to work with no restrictions. If this Petition is granted by a Judge, your wage loss and medical benefits will end, and your case will be closed.
If you receive any of these petitions, you need a lawyer at once. If you do not get a lawyer, you could lose important rights.
Petition to Review Compensation Benefits
This petition is used when your work injury has not been properly described on the Notice of Compensation Payable or Notice of Temporary Compensation Payable or where your wages have been improperly calculated.
This is a Petition typically filed by the injured worker to make sure that all of your injuries are being considered and/or to make sure you are receiving the correct amount of wage loss benefits.
Petition to Reinstate Compensation Benefits
This form is used when you have returned to work but need to miss work again due to the same work injury. It is basically a request to re-instate or restart your wage loss benefits.
Imagine you have returned to work with restrictions, but your work duties are causing increased pain, or your restrictions are not being followed, which also leads to increased pain.
If this happens to you and your doctor takes you back out of work, a reinstatement petition can be filed in hopes of restarting your wage loss benefits.
Petition for Penalties
This petition is used when it is alleged that your employer and/or its insurance company have done something wrong or illegal in the handling of your claim.
A judge can award you a penalty of up to 50% of any unpaid amount due. This typically will arise where your wage loss checks have stopped without a valid reason, or the insurance company is refusing to pay your medical bills.
The penalty petition can be used as a tool to stop the insurance company’s bad behavior and to punish them for that behavior.
Get help with your PA Workers’ Compensation Petitions
If you have received or need to file any workers’ compensation petitions in Pennsylvania, reach out and schedule your FREE Consultation!
Attorney Joshua B. Goldberg is an expert in PA workers’ compensation petitions, and will help you understand, fill out, and file your workers’ comp petitions.
Attorney Goldberg has been helping Pennsylvania workers’ compensation clients for almost 25 years, call us today or fill out our contact form to get in touch and take the next step towards getting your workers’ compensation.
Our workers’ compensation consultations are always 100% FREE and will help you understand your claim with professional advice specific to your case.
So, if you need help with these petitions, or any other PA workers’ comp petitions, give us a call today, and we’ll help you out.
