A common question I am asked at consultations and from current clients is how long do workers’ compensation wage loss benefits last? There are several different ways wage loss benefits can end for an injured worker.
It is important to note that if your work injury is denied, you will have to file a claim petition and go through the litigation process to receive wage loss benefits. Likewise, if your work injury is accepted as a Medical Only acceptance, you will have to file a claim petition for wage loss benefits as well.
Let’s assume your work injury is accepted and the insurance carrier is paying you wage loss benefits. When and how do they end? Let’s take a look at how those wage loss benefits can end.
First, wage loss benefits can obviously end when you and your doctor agree you can return to work. Many times injured workers receive medical treatment and fully recover from the work injury. They then return back to work to their preinjury job. Wage loss benefits will end upon your return to work.
Second, if you are released to return to work by your doctor with light duty work restrictions and the employer can accommodate those restrictions with a light duty job, then your wage loss benefits will end. If you return to work to light duty but are making less than your average weekly wage, then you can still receive partial disability benefits.
Third, the employer sends you to an independent medical examination and that doctor finds you can return to work or that you have a fully recovered, then the employer will a Suspension or Termination Petition. Again, this will send the claim into the litigation process. If the Workers’ Compensation Judge agrees with the employer’s evidence, the Judge can suspend or terminate benefits. That is why it is so important that if you are on workers’ compensation benefits and receive notice of an Independent Medical Examination, you should consult with Mooney law right away. Your benefits may be in jeopardy.
Fourth, you sign a document that acknowledges the end of workers’ compensation benefits.
Fifth, you settle your case for a lump sum settlement, and the settlement is a full resolution of the claim. In Pennsylvania, most of the time cases are settled, they are settled full and final, which means all benefits end. That is why it is so important to have experienced -legal representation.
Finally, and obviously, your wage loss benefits end if you pass away. Your family may receive survivor benefits.
If you have questions regarding your workers’ compensation benefits, call Mooney Law today for a free consultation. We litigate and settle claims throughout Pennsylvania and Maryland for injured workers. Call today at 717-200-HELP or 717-632-4656. You can also email us at info@mooney4law.com.
