What are the Different Types of Workers’ Compensation Petitions?
Workers’ compensation petitions are how disputed Pennsylvania work injury claims move through the legal system. If your claim was denied, your checks stopped, your medical treatment is being challenged, or the insurance company is trying to end or reduce your benefits, a petition may decide what happens next.
Below are some of the most common workers’ compensation petitions injured workers may encounter in Pennsylvania.
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.
Talk to a Pennsylvania Workers’ Compensation Attorney
If a petition has been filed in your workers’ compensation case, or if your claim was denied, your checks stopped, or your medical treatment is being challenged, do not try to handle it alone. The petition process can affect your wage loss benefits, medical care, and settlement value.
If you’re struggling with the workers’ compensation system and need expert assistance, contact Schmidt, Kirifides, Rassias, & Rio. We can help you understand your options and fight for the compensation you deserve. Call us at 610-892-9300 or contact us online for a consultation.