In Pennsylvania, workers comp wage loss benefits are critical to injured workers who are out of work due to the work injury. There is also much fear out there about insurance companies stopping wage loss benefits. Even some uneducated employers threaten employees with stopping benefits. Let’s discuss that and relieve stress.
In Pennsylvania, a workers’ compensation insurance company cannot legally stop your benefits without one of the following:
- You acknowledge by signature and in agreement that your benefits should stop. This could be because you are back to work or admit you are fully recovered from your work injury.
- A Workers Compensation Judge (WCJ) terminates or suspends your wage loss benefits through a Termination or Suspension petition.
- You actually return to work with some wages, in which your wage loss benefits would either be reduced or stopped, depending on your return to work wages.
- You have settled your workers compensation case.
- You die.
So what happens if none of the above applies, and yet, my workers compensation wage loss benefits are stopped by the insurance carrier? Simple answer is, you should call Mooney Law right away. Unilaterally stopping wage loss benefits is a violation of the the Pennsylvania Workers’ Compensation Act (Act), and you may be entitled to penalties under the Act. Those penalties could include up to 50% of the amount owed and your attorney could seek counsel fees at an hourly rate. This could be a pretty severe and expensive penalty if the WCJ finds that the insurance carrier violated the Act. Just like any petition filed and in front of a WCJ, the process is not short, if the penalty petition goes to final decision before the WCJ. It is a litigation process. Just like denied workers compensation claims, penalties have no immediate remedy.
If you have been injured at work in Pennsylvania, don’t trust your employer and insurance carrier. They have interests that conflict with your interests. It’s simple — you can Count on Mooney. Call today for a FREE consultation about your work injury. Furthermore, we don’t get paid unless we recover for YOU. If you have an accepted work injury and are getting paid, it is still important you sit down and talk with an experienced workers compensation attorney. What may be going well now, likely won’t later. Call today to schedule your free consultation at 1-833-MOONEYLAW.