If you are injured at work in Philadelphia, your workers’ compensation benefits become very important. The Pennsylvania state law around these benefits ensures that injured workers get the financial support they need.
It is also important to note that, by law, your employer cannot abruptly stop your workers’ compensation benefit. If they attempt to do that and you do not do anything about it, you will be left unprotected in case of a work injury.
Generally speaking, your employer must follow strict legal steps before making any changes to your benefits. You have options if they try to leave you out of the process.
Get to Know Your Rights
Before you do anything, it is crucial to understand your rights under the law. Workers’ compensation is supposed to cover medical bills, lost income, and rehabilitation costs after a work injury. These benefits continue until you have fully recovered or reached maximum medical improvement.
Your employer or insurance company will eventually expect you to return to work. However, they must follow proper procedures to confirm you are ready. To stop your benefits, they must prove that your condition has improved and you no longer need financial support.
Protect Your Rights by Documenting Everything
Protecting your benefits and rights depends on the evidence you have. This means you must prove that you were injured at work and required medical treatment.
The following can serve as proper evidence:
- Medical records. It doesn’t matter how long or short your medical treatment is; keep records of everything. Get a copy of all your medical reports, prescriptions, and doctor’s instructions.
- Communication. You must keep records of all communication between yourself, your employer, and the insurance company. Save all the emails, letters, or even texts you receive. Write down the relevant dates, times, and names of the people you spoke with.
- Personal notes. It helps to keep a journal or notebook. Write down how you feel each day after the injury and the challenges you experience while recovering.
The better you document your case, the more evidence you have to support your claims. The journal, in particular, will show solidly that you still need medical treatment because the injury still affects you.
Do Not Shut Down the Conversation
While recovering, you must stay in touch with both your employer and your insurance company. Respond promptly if either one asks for updates about your condition.
If you receive a notice or letter about changes in your benefits, you should read it carefully. If you do not agree or there are parts you do not understand, call or email them with your questions or clarifications.
When you speak to your employer or insurer, be sure to ask them to send you the most important points in writing.
Remember to take notes of these conversations in case there is a dispute about your benefits.
Do Not Neglect Your Recovery
If you are stressed about a change in your benefits while recovering, it could cause a setback in your health.
Instead of brooding about what might happen with your benefits, focus on following your doctor’s orders.
You must attend all follow-up appointments, complete recommended tests, and undergo advised therapies.
Not only is this good for your overall health, but it proves that you need ongoing benefits to cover the long-term treatment.
Remember that your insurer may, at some point, argue that you are not properly recovering because you are not following the treatment plan.
You can refute this argument if you do everything your doctor orders and document it.
Learn More About Maximum Medical Improvement
Eventually, your condition will reach what is known as maximum medical improvement (MMI). In plain terms, this means that your condition after the injury will not improve further, even with ongoing treatment.
Your insurer may use this MMI against you by stating that it means you no longer need workers’ compensation benefits.
However, MMI does not mean you have fully recovered. It does not even mean you are cleared to return to work.
In such a case, you can disagree with the MMI assessment and get a second opinion from another doctor. The aim is to continue challenging decisions that reduce your benefits unfairly.
What to Do When There Is a Dispute
Despite your efforts, a dispute may arise about your benefits while injured. The insurer may believe you are recovering faster than you are, or your employer may want to adjust your work duties so you can start working again.
If this happens, you must familiarize yourself with the dispute process. Understanding the process ensures you can protect your benefits and challenge any unfair decisions.
- Request an explanation. If you receive notice of changes to your benefits, ask for a written explanation and the evidence that supports the change.
- File a petition if needed. If you are unhappy with the answer, you may be able to file a petition with the Bureau of Workers’ Compensation. It will review your case and schedule a hearing where you can present the evidence you have collected.
- Seek legal support. You have the right to take a lawyer to the hearing, especially if you feel overwhelmed by the process.
Getting Help From a Lawyer
It is always a good idea to consult a lawyer specializing in workers’ compensation in Philadelphia. He or she can advise you on the best action if the employer or insurer threatens to stop your benefits.
What’s more, an experienced lawyer knows the ins and outs of the relevant laws and will expertly guide you through the dispute.
You can also get a free consultation with a workers’ compensation lawyer. Use this opportunity to ask all your questions and learn more about your legal options.
You Are Not Alone in Your Struggle
Fighting for your benefits may seem like a lonely struggle, but it does not have to be. A lawyer can help you every step of the way so that both your rights and benefits stay protected. Remember, the law is on the side of the workers, so use it to your advantage.
