Beware of Premature Termination of Workers’ Compensation Benefits

You can receive workers’ compensation benefits if you suffer a job-related injury or illness. Unfortunately, some employers may search for options to modify or terminate your benefits before you have fully recovered. This is why knowing about all your rights regarding workers’ comp benefits is important. If your benefits are threatened by premature termination or modification, you should contact an experienced Philadelphia workers’ compensation attorney today.

The termination of benefits attorneys at Schmidt, Kirifides, Rassias, & Rio will help you fight to retain the workers’ comp benefits that you deserve. You should not have to wonder about how to pay your medical bills or other expenses after being injured at the workplace.

How an Employer May Modify or Terminate Your Benefits

Your employer may file a petition to modify or terminate your workers’ compensation benefits if they believe you have recuperated enough to return to work. Under other circumstances, an employee may attempt to terminate your benefits to force you into looking for another position.

Depending on the severity of your injuries, your benefits could be helping you deal with a temporary or long-term injury and the expenses related to that injury. This is why you should know about the following methods an employer may use to cut off your benefits.

Independent Medical Examination

An independent medical examination is a procedure funded by the workers’ compensation insurance company to evaluate the status of your injury. The examining physician will send their findings to the insurance company, which will determine whether you can return to work in some capacity. The insurance company may also use this information to suggest cheaper forms of medical treatment or to suspend your benefits entirely.

Impairment Rating Evaluation

According to Pennsylvania’s Department of Labor and Industry, impairment rating evaluations are medical exams that are necessary for a workers’ comp insurer to determine the level of impairment that an injured worker is experiencing. These examinations typically occur after the worker has received 104 weeks of total disability compensation. If your level of impairment is judged below a certain rate, your benefits could be halted or modified.

Impairment rating evaluations were deemed unconstitutional by Pennsylvania’s Supreme Court in 2017. However, an altered version of the law was reinstated in 2018.

Vocational Counseling

Your employer’s insurance company may try to evaluate your ability to work by requesting a vocational evaluation. This will require you to meet with a labor expert chosen by the insurance company. The evaluator will assess your work experience and ask questions to determine the fields in which you can work.

The issue with vocational counseling is that the jobs suggested by the expert may not be positions you are guaranteed to be hired for. Additionally, the expert may advise you to take a position that does not interest you or is not remotely related to your experience. For example, if you have experience as a nurse, you will likely avoid positions that require you to work as a security guard. The expert may even suggest that your injury would not prevent you from working certain jobs.

It is important to note that statements that are made to a vocational expert may also be used to alter or terminate your benefits.

If your employer or insurance carrier requests you to perform any of the above activities, they consider modifying or terminating your benefits. Before you complete any of these tests or meetings, you should speak with an experienced workers’ comp attorney. Our firm can help you prepare for a vocational meeting or medical examination and even accompany you to ensure that your rights are not violated.

It is also important to note that these are not the only methods an employer may use to cut off your compensation benefits.

We Can Help You Fight the Termination of Benefits

If your employer attempts to terminate your workers’ comp benefits, you should consult with an experienced Delaware County termination of benefits lawyer today. At Schmidt, Kirifides, Rassias, & Rio, our dedicated legal team possesses over 100 years of combined legal experience that we will use to help you reclaim your workers’ compensation benefits. Call our office or contact us online.