How Do I File a Workers’ Compensation Claim or Petition?
The provisions of the Pennsylvania Workers Compensation Act establish the administrative law system that is used to administer and process claims for workers who are injured on the job in Pennsylvania. Administrative Law Judges appointed by the Department of Labor and Industry make decisions over disputed issues. For a case to have jurisdiction before a workers compensation Judge, the injured worker (claimant), the employer or the insurance company can file a petition with the Bureau of Workers’ Compensation. There are many different types of Petitions.
These include:
- Claim Petition filed by the claimant to establish that the claimant is entitled to benefits for a disputed work injury;
- Termination Petition filed by employer or insurance company to show that the claimant is fully recovered from a work injury, and is no longer entitled to any workers’ compensation benefits from that injury;
- Modification Petition filed by employer or insurance company to show that claimant has either returned to work or is capable of returning to available work with some loss of earnings;
- Suspension Petition filed by employer or insurance company to show that claimant has either returned to work or is capable of returning to available work without a loss of earnings;
- Review Petition filed by either party to correct errors in compensation documents (i.e. the description of injury, calculation of the average weekly wage, etc.);
- Challenge Petition filed by claimant to address whether a Notification of Suspension or Modification (filed by the employer when the claimant returns to work) is correct.
If you’ve suffered a work injury and have questions about your workers’ compensation 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.
