Correctly calculating an injured worker’s compensation rate is both a complicated and critical undertaking. An incorrect calculation may lead to costly litigation, penalties, even the disallowance of a claim under some circumstances. In 1906, James Powell, Sr. founded Powell Law. Since then, our attorneys have litigated workers’ compensation cases involving all types of workplace injuries.
A common question asked of us by injured workers is “Will I lose my comp benefits if I retire?” The answer is “yes” but if you consult with a seasoned workers’ compensation attorney as soon as possible, you may retain your benefits.
In a typical situation, to reduce or eliminate workers’ compensation wage loss benefits, an insurer must prove that the injured worker’s condition has changed to an extent that he or she is physically capable of some kind of work, and that this kind of work is available to the injured worker.
However, this standard differs if the insurance company may prove either that the injured worker has “retired,” or has relocated from the United States. If the insurer may prove either of these events, a Workers’ Compensation Judge (WCJ) may find that the injured worker has withdrawn from the labor market, thereby meriting a suspension of his or her wage-loss benefits. In this situation, it is essential to demonstrate that work is not “available” to the injured worker.
In this situation, it is also crucial to consult with an experienced Pennsylvania workers’ compensation attorney. He or she may develop the proper strategy to address these circumstances, provided that injured workers seek counsel in a timely fashion. Acting without legal representation may substantially affect your legal rights. Once the Commonwealth of Pennsylvania suspends benefits in these types of circumstances, it may be difficult to overcome the problem. Talking to a knowledgeable workers’ compensation attorney as soon as possible is the key to maintaining benefits.
Powell Law has represented injured workers for 115 years and has a distinguished reputation throughout northeastern Pennsylvania for adhering to the highest standards in serving those injured on the job. Contact Powell Law at (570) 961-0777. The consultation is FREE, and you don’t pay unless we win!