Suspension of Philadelphia Workers' Compensation Benefits

There are a number of reasons your Workers’ Compensation benefits may be suspended. The following are among the more common:

• You have returned to work: This is perhaps the top factor resulting in the suspension of Workers’ Compensation benefits. If you have recovered sufficiently from your injury and can return to work earning at least as much money as you were earning prior to your accident, it may be decided that you are no longer eligible to receive compensation for lost wages.
• It is determined that you have sufficient earning potential: Even if you do not return to work, a Workers’ Compensation judge might determine work is available in your area and you are physically able to perform the duties associated with this potential employment. Essentially, if an insurance carrier or your employer presents evidence indicating you have the opportunity to earn the same wages you were previously earning, it may be decided that you no longer need to receive certain Workers’ Compensation benefits.
• You have chosen not to receive necessary medical treatment: If you have been offered medical treatment that could theoretically restore your ability to work and earn a living, but you have refused said treatment, an insurance carrier or your employer can file a petition asking a Workers’ Compensation judge to rule that you are no longer eligible to be compensated for lost wages—they may argue you would be able to earn appropriate wages if you agreed to receive the necessary treatment.
• You have indicated a desire to no longer be a member of the workforce: Some people who are recovering from workplace injuries decide they may no longer wish to return to work at all. For example, they might feel they are too old and would prefer to retire. If you give your employer, an insurance carrier, or any other such party reason to believe you do not intend to resume working, odds are good they will attempt to have your benefits suspended.

Those are just a few noteworthy examples. To better understand why your Workers’ Compensation benefits might be on hold, discuss the topic with a South Philly or Bustleton attorney. Be aware, though, having your benefits suspended may be desirable if this prevents your benefits from being fully terminated.

Your suspension agreement may have stipulations that require you to document your medical progress, and it is crucial that you comply, should you ever need to resume your benefits. You may have to show that you attended follow-up doctor visits, physical therapy sessions, and other medical treatments.