TOTAL
DISABILITY AND PARTIAL DISABILITY
In Pennsylvania,
the term “total disability” in workers’ compensation
language means that you are unable to earn any money.
This is often called "TTD" on your workers' compensation
check. Technically speaking there is no specific time limitation on your
receipt of total disability. However, your workers compensation insurance
carrier has many ways of fighting your total disability status, and they are
likely to use them.
“Partial disability” means that you are able to
earn some money, but not as much money as you made at the time
of the injury. Partial disability is limited to 500 weeks of payments; or
about 9 and 1/2 years time.
HOW LONG WILL MY WORKERS' COMPENSATION LAST?
There is no specific time limitation to your eligibility
for collecting “total disability.” However, from
a practical perspective, your employer, its workers' compensation
carrier or its third party administrator will not likely allow
you to collect compensation without end; at least not without
a fight. They will try to find a method to challenge your entitlement.
When you receive “partial disability” payments there
is a 500 week period at the end of which your eligibility for
wage loss payments can expire.
As a general rule in Pennsylvania, once your claim has been accepted by your
employer or awarded by a workers' compensation judge, your benefits
will continue until you agree to change them, or until a workers'
compensation judge enters an award permitting the employer to
terminate, modify, or suspend your benefits.
CAN
THEY TAKE MY WORKERS' COMPENSATION?
The employer's workers' compensation insurance carrier has a
variety of methods for challenging your entitlement to compensation.
The three most common methods are by filing Petitions to Terminate,
Modify, and/or Suspend your compensation.
A Termination Petition requests that a workers' compensation
judge determine that your workers' compensation case is over
because you are "fully recovered" from your work injuries.
An Order of Termination would completely stop both your wage loss
and medical benefits. We often see opinions from defense
doctors that state that a Claimant is "fully recovered"
from whatever happened on the date of injury, and that whatever
medical problems continue are attributable to another cause.
Modification Petitions and Suspension Petitions will only change your
entitlement to continuing wage loss payments and do not change
entitlement to medical benefits. A Suspension is appropriate
where you have no loss of earning capacity. For example, if
you return to a job that pays you as much as you made at the
time that you got hurt, a Suspension is appropriate.
A Modification is appropriate where you have some earning capacity,
but not as much as you had at the time of your work injury.
For example, if you returned to a job but your earnings were
$100.00 short per week, you would be entitled to collect $66.67
per week in the form of "partial disability." Remember
that there is a 500 week time limitation on "partial disability."
Utilization Review is one of the tools used by the workers compensation
insurance industry to limit the amount of your Medical Benefits.
Remember, the standard for the payment of medical benefits in Pennsylvania
Workers Compensation is that the treatment must be: (1) Reasonable; (2)
Necessary; and (3) Causally Related to the work injury. This is a
rather liberal standard in favor of the employee. If a medical provider
sends a bill to the workers compensation carrier in the proper form, the burden
is on the insurance carrier to pay the bill within thirty (30) days or to submit
the bill to a Utilization Review Organization, also called a "URO"..
A URO can only address the reasonableness and necessity of the treatment.
A URO can not address the causal relation to the work injury. If a
URO has been performed and results in an unfavorable decision, in whole or in
part, it must promptly be appealed to a Workers Compensation Judge. Time
is of the essence in all of these matters.
Ultimately, if the case is properly handled in a timely fashion, once the
employer or its carrier accepts your claim, the workers' compensation insurance carrier has
to convince a workers' compensation judge that facts exist that
entitle them to stop or change your benefits. Just because the
carrier says it is entitled to change your benefits does not
mean that it will automatically be successful in so doing. There
is ample opportunity for us to litigate the matter and present
your side of the facts. This is what we do on a regular basis
and we do it well.
This is intended to be a very general overview of Pennsylvania
Workers' Compensation Law. The law is much more
comprehensive and specific. If you have any questions whatsoever,
please do not hesitate to contact Mr. Fenerty. Remember that
the only bad question is the question that you did not ask.
Our Workers Compensation Law Offices are conveniently located in suburban
Northeast Philadelphia and in Southern New Jersey. We are a Philadelphia
Personal Injury Law Firm with suburban convenience.

Call Now For A Free Consultation
- 888-947-4848.
Serving All of Pennsylvania and All of New Jersey.
IF YOU ARE FACED WITH THE FOLLOWING QUESTIONS, YOU NEED A LAWYER.
CALL US NOW, IT'S FREE.
When are you entitled to Workers'
Compensation? How long with Workers' Compensation last?
How much
workers compensation payments should I be getting? Have your Benefits been properly
calculated? Are you getting what you deserve?
What Benefits Are You entitled to? Wage
Loss? Medical Bills? Scarring? Disfigurement? Hearing Loss? Amputation? Loss of
Limb? Loss of Use of, Fingers, Hands, Arms, Feet, Legs? Are There Other
Benefits?
Are your Work Comp checks late?
Must you continue to go to Occupation
Health Facilities or Workers Compensation Panel Doctors ? If, so for how long?
Lump Sum Payments and Workers
Compensation Settlements: Commutations versus
Compromise and Releases. Find out which option is best for you.
How much is a fair
settlement for my workers compensation case?
What is an Independent Medical
Examination? How often must you attend an IME?
What is an
Impairment Rating Evaluation or IRE? Do you have to attend?
What is a Vocational Evaluation? What
is Earning Power Assessment and When must you attend?
What is Maximum Medical Improvement?
When does it jeopardize your benefits?
What is a Notice of Compensation
Payable? What is a Notice of Workers Compensation Denial?
How long do I have to bring a claim for
workers compensation? Is there a Statute of Limitations for workers
compensation claims? Is there a Notice requirement separate and distinct
from the Statute of Limitations for my workers compensation case?
What is a Medicare
Set-Aside? When is it needed? How does a Medicare Set-Aside Work?
Will my Workers
Compensation Claim effect my Social Security Disability Claim? or my
Social Security "Old Age" benefits?
Is the Workers
Compensation Insurance Carrier or my employer entitled to take a set-off credit
against my Severance? My Pension? Unemployment Compensation? or My Third
Party Bodily Injury recovery? If so, how much and for how long?
Call Now For A Free Consultation
- 888-947-4848.
Contact
Information:
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Valley, Pennsylvania 19006
38 North Haddon Avenue, Haddonfield, New Jersey 08033
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Our Workers Compensation Clients:
If you have a Workers Compensation Claim, you
need a Workers Compensation Lawyer. Our Clients come from all over the United States
of America and from overseas. We are proud to serve them all. Our Huntingdon Valley
Workers Compensation Law Office is proud to serve the Pennsylvania workers
compensation legal
needs of the members of all communities in Pennsylvania and New Jersey, including but not
limited to: Abington, Ardsley North Hills, Bensalem, Bethayers, Bristol, Bryn
Athyn, Bucks County, Cheltenham, Elkins Park, Feasterville, Fort Washington, Fox
Chase, Ft. Washington, Glenside, Gwynyd, Hatboro, Horsham, Huntingdon Valley,
Jamison,
Jenkintown, Ivyland,
Keswick, Langhorne, Lawndale, Levittown, Maple Glen, Meadowbrook, Melrose Park,
Montgomery County, Montgomeryville, Newtown, Northeast Philadelphia, Northeast
Philly, Northampton, North Wales, Philadelphia, Rockledge, Roslyn, Rydal,
Somerton, Southampton, Tacony, Tookany Creek, Trevose, Upper Dublin, Warminster,
Warrington, Willow Grove, Wyncote, and Yardley.
Our Haddonfield Personal Injury Law Office is proud to serve the
personal injury legal needs
of all communities in New Jersey and Pennsylvania, including but not limited to:
Atlantic City, Atlantic County, Blackwood, Barrington, Berlin, Camden County,
Cherry Hill, Collingswood, Deptford, Gibbsboro, Haddonfield, Haddon Township, Haddon
Heights, Hammonton, Lawnside, Magnolia, Margate City, Marlton, Medford,
Somerdale, Tavistock, Ventnor, Voorhees, Westmont, Williamstown, Winslow.
We regularly appear in the Workers Compensation
Courts throughout Pennsylvania including regular appearances in: the Philadelphia
Workers Compensation Hearing Office,
the Northeast Philadelphia Workers Compensation Hearing Office, the Bristol
Workers Compensation Hearing Office, the Doylestown Workers Compensation Hearing
Office, the Dresher Workers Compensation Hearing Office, and the Malvern Workers
Compensation Hearing Office.
We Value Your Business. We Are Proud To
Handle Your Work Comp, Workmens Comp, Workmans Comp, Workers Comp, Workers
Compensation, Personal Injury Claims, Medical Malpractice Cases, Medical Negligence Matters, Motor Vehicle
Accidents, Car Accidents, Motor Cycle Accidents, Bus Accidents, Truck Accidents,
Workers' Compensation Cases, Work Related Accident Claims, Construction
Accidents, Industrial Accidents; Defective Products, Tools, Medications, Medical
Equipment, Prosthetics, and Drugs, Fires and Explosions, Slips Trips and Falls,
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