Workers’ compensation can provide much-needed resources to protect your health and income if you suffer a workplace injury. However, there’s always a concern: when does workers’ comp end? Can workers’ comp stop paying without notice? If these benefits are terminated before you are fully healed or ready to return to work, your physical recovery and financial stability may be in jeopardy.
A Hershey workers’ compensation lawyer with Calhoon and Kaminsky P.C. can help fight against the premature termination of workers’ compensation benefits. We can guide you through Pennsylvania’s complex workers’ compensation system and handle any disputes that arise in your case. Contact us online or call today to get a free case review.
How Long Can You Stay on Workers’ Comp in Pennsylvania?
Workers’ compensation provides medical coverage and disability benefits for lost wages to employees injured on the job. Under the state’s workers’ compensation law, nearly every employer in Pennsylvania must provide workers’ comp insurance.
So, when does workers’ comp end? Medical benefits for a workplace injury should last until your healthcare provider determines you no longer need medical treatment for the injury. How long you can stay on workers’ comp benefits for disability will depend on the severity of your injury and how long it interferes with your ability to work.
Disability benefits include the following:
Partial Disability
If you have a partial disability benefits status, it means you can perform some type of work (i.e., restricted or light duty) while you heal. Partial disability pays two-thirds of the difference between your pre-injury average weekly wage and your current average weekly wage. According to Pennsylvania’s Department of Labor and Industry (DLI), you can stay on workers’ comp for partial disability for up to 500 weeks, which do not have to be consecutive. You may qualify for Specific Loss Benefits if you have lost a limb, digit, or your sight or hearing. These benefits are a type of partial disability, but because the injuries are permanent, you can receive them regardless of whether you return to work.
Total Disability
If you have a total disability benefit status and cannot work at all, workers’ comp payments should be made for the duration of your disability. You can receive up to two-thirds of your pre-injury average weekly wage (subject to statutory caps) until you can return to work. According to the DLI, at 104 weeks, your employer or their workers’ comp insurer can request a medical examination. If the doctor determines you are less than 35 percent impaired by the American Medical Association’s standards, they can change your status to partial disability.
When Does Workers’ Comp End in Hershey? Key Triggers to Know
Many things could trigger the end of your Pennsylvania workers’ compensation benefits, including the following:
- A doctor determines you can work in a modified duty capacity and sends you back to work on temporary partial disability (which may reduce but not necessarily end your payments).
- You reach the 500-week limit on partial disability payments.
- Your employer petitions to end your workers’ compensation because they believe you have made a full recovery or have returned to work at wages equal to or more than you earned before your injury.
- A workers’ compensation judge stops your payments after a hearing.
- You sign a settlement agreement or an agreement to terminate your benefits.
Can Workers’ Comp Stop Paying Without Notice? Know Your Rights
No, workers’ comp cannot stop paying without notice.
To terminate your Pennsylvania workers’ compensation benefits, your employer or the insurance company must petition the Workers’ Compensation Office of Adjudication (WCOA). The WCOA will notify you about the petition and identify the workers’ compensation judge assigned to your case. You will have the chance to fight the termination during a hearing and may be able to secure a settlement to resolve your claim.
What Happens After Workers’ Comp Ends?
When workers’ comp ends, your employer’s workers’ compensation insurer is no longer responsible for paying your medical bills or your disability payments.
How to Protect Yourself from Early or Unlawful Termination
There are several things you can do to protect yourself from the early or unlawful termination of your benefits, including the following:
- Keep a file with all of your medical bills and records.
- Keep a record of your current wage statements and benefit payments.
- Do not engage in activities that could worsen your injury.
- Seek secondary medical opinions when necessary.
- Consider hiring a workers’ comp attorney to represent you during your hearing and throughout the appeals process.
FAQ: Workers’ Comp Termination in Pennsylvania
Our law firm can answer any questions you have about workers’ compensation termination. The following are some of the more common ones:
How long can you stay on workers’ comp in Hershey, PA?
If you have a permanent disability status, you can remain on workers’ comp until your disability ends, but there are limitations on the length of time. The doctor can also change your status to a partial disability, which may reduce your payments. If you have a temporary disability status, benefits can last up to 500 weeks.
When does workers’ comp end after I settle?
If you settle your claim for a lump sum, the claim is closed. Workers’ comp will end immediately.
Can workers’ comp stop paying without notice?
No, workers’ comp cannot stop without notice. Your employer or the insurance company must file a petition to end your benefits with the WCOA. The WCOA will then notify you about the request.
Local Support for Injured Workers in Hershey, PA
Handling the workers’ compensation system can be challenging. You can get local support from the Hershey, PA, workers’ compensation lawyers at Calhoon and Kaminsky P.C. Our legal team can help you appeal the termination of your benefits. We can gather evidence to support your claim, represent you through every stage of the process, and aggressively fight to protect your rights.
Contact Our PA Workers’ Comp Attorneys for Help
Calhoon and Kaminsky P.C. has recovered over $221 million for injured workers in Pennsylvania. If your benefits are threatened, our Hershey workers’ compensation lawyer can work to settle your claim and pursue the money you need and deserve.
Contact us online or call today to learn more about our services. We offer free initial consultations.
