Harrisburg Workers Comp Modification/Suspension Lawyer
You may have sighed in relief upon hearing the news that you were initially approved to receive workers’ compensation benefits following your injury or illness. Having ongoing medical care, such as physical therapy, as well as wage replacement for a total or partial disability provides a sense of security. To open a letter in the mail explaining that this security is about to be ripped away from you can be devastating, yet it happens to thousands of injured workers every week. If you received a notice of modification or notice of suspension to your workers’ compensation benefits, you need to act fast and begin working with an experienced Harrisburg workers comp modification/suspension lawyer at Ira H. Weinstock, P.C.
What is a Notice of Modification or Suspension?
Under Pennsylvania law, an insurance company can file a petition to modify or suspend an employee’s benefits unilaterally, and you, the injured employee, have just 20 days to challenge this filling. If your employer believes that you are receiving too much compensation, they will usually attempt to undermine your benefits by having you be evaluated by a vocational expert. The vocational expert may “discover” that while you are unable to perform the most demanding physical labor, for example, you could carry out lighter duties (theoretically of course). You may also be required to be examined by a doctor to determine your level of disability. This doctor is called an independent medical examiner, who is anything but independent since they are chosen by your employer. Following the examination, is it common for workers to receive a letter of modification in the mail shortly after.
Why is the Modification or Suspension Being Requested?
Your employer, like all companies, has a fiduciary obligation to their shareholders that requires them to maximize profit above everything else. Even if they are a small private company, your employer’s goal is to reduce expenses, such as insurance premiums for workers’ compensation. The same is true of insurance companies. While three out of four workers’ compensation claims are for medical expenses only (according to the SSA), and the average claim amounts to just over $40,000 according to the NCS—a small amount for an insurance company or large business but a life-changing amount of medical and wage compensation for an individual—employers and insurers are always looking to cut benefits if possible in order to make their shareholders even richer. Of course, the petition will include an argument, such as that your injuries have fully healed, as to why your benefits are being cut. It is your attorney’s job to prove that these claims are inaccurate, and that you still need and deserve the benefits that were originally agreed upon.
Call a Harrisburg Workers’ Compensation Attorney Today
If you received notice of modification or suspension, you have the power to challenge your employer. However, you need to team up with an experienced attorney to ensure that you are not steamrolled by your employer and their insurance carrier. For professional legal representation, call the Harrisburg workers’ compensation team at Ira H. Weinstock, P.C. today at 717-238-1657 to schedule a free consultation.
