Dunmore Pa. NEPA Work Injury Lawyer Workers Compensation Benefits Question

Date: March 22, 2012
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Question: I was injured at work last year and I am being paid weekly benefits. My doctor says that I’m not completely recovered but I may be able to go back to light duty work. I called my boss but my employer isn’t willing to bring me back. I have also been looking for work on my own but I haven’t had any luck finding a job. Can the insurance company stop paying my weekly comp checks? T.M., Dunmore, Pa.
Answer. The employer/ insurance carrier has grounds to stop paying your wage-loss benefits if  they produce evidence that you have returned to work at wages equal to or more than your earnings level prior to the injury. They can also seek to stop paying your wage loss benefits by showing that there is work generally available to you within the area where you live. In most cases, the carrier cannot simply stop paying you. They must first file a petiton that will be assigned to a workers compensation judge who will hear evidence regarding your injury status, your current restrictions, and job availability. You will also have the opportunity to produce evidnece and testimony regarding your ability (or inability) to return to work.

If you’ve suffered a work injury and have questions about your claim, contact me at tcummings@dlplaw.com or call (570) 347-1011 for a free consultation.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive.  Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column. 

 

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.