What are the Different Types of Workers’ Compensation Petitions?
Understanding the different types of workers’ compensation petitions is essential for navigating the legalities of a work-related injury claim in Pennsylvania. Our experienced lawyers clarify the purpose of various petitions, including Claim Petitions, Penalty Petitions, Termination Petitions, and several others. Knowing the function of each petition can help you better understand your rights and the potential legal avenues available to you.
A few of the most common types of petitions include:
- Claim Petition seeks payment of wage loss benefits and/or medical bills when the insurance company has denied a claim.
- Penalty Petition alleges the employer or insurance company violated some Workers’ Compensation Act section.
- A Termination Petition seeks to stop benefit payments, usually based on the opinion of a doctor hired by the insurance company who feels the injury has been resolved.
- Suspension or Modification Petition seeks to stop or reduce wage loss benefits based on several theories, but medical benefits are (usually) not affected.
- Job Availability is based on evidence of an actual job available to the injured worker within their physical capabilities.
- Earning Capacity is based on work “generally available” to the public and is within the claimant’s capabilities.
- Impairment Rating Evaluation (IRE) is based on a mathematical formula determining the percentage of bodily impairment caused by the work injury.
- Refusal of Treatment seeks to suspend benefits until the claimant undergoes treatment felt to be necessary to improve their work capability.
- Review Petition seeks to correct errors, usually calculating the wage loss benefit rate or describing the work injury.
- Utilization Review Petition challenges whether the injured workers’ medical treatment is reasonable and necessary.
- Compromise & Release is to seek approval of a settlement agreed upon by all parties.
Consult a Workers’ Compensation Attorney You Can Trust
Workers’ compensation cases often involve intricate legal procedures, and having experienced legal counsel can significantly impact the outcome. Whether you’re facing a denied claim, an unreasonable termination of benefits, or challenges to your medical treatment, our knowledgeable attorneys can provide clarity and guidance.
If you’re struggling with the workers’ compensation system and need expert assistance, contact Schmidt, Kirifides & Rassias. We can help you understand your options and fight for the compensation you deserve. Call us at 267-732-0774 or contact us online for a consultation.