Guide to Petitions for Workers’ Compensation Hearings in Pennsylvania

Workers’ Compensation is paid by an employer directly or, more commonly, through their insurance carrier.  However, insurance carriers are not just trusted to pay claims appropriately, and a good portion of Workers’ Comp claims end up before a Workers’ Comp Judge at one point or another.  The way these cases get before a judge is through the filing of a petition.

When you or the employer/insurance carrier file a petition, it usually has a specific goal.  In your case, it is usually going to be a Claim Petition – the document asking the court to grant you benefits in the first place, and you will typically need a lawyer to help you with the complex legal issues.  Other petitions are filed by the insurance carrier or employer to try to shut down benefits later in your case – at which point you should get a lawyer to defend your benefits.  You may even need to file a petition when settling your case.

For a free review of your Workers’ Comp case, call our Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law at (267) 651-7945.

Types of Petitions Filed in Workers’ Comp Cases in Pennsylvania

As mentioned, petitions can be filed by either side.  Usually, your case will focus on a Claim Petition at the outset, but other petitions might be filed later in the case or after your initial benefits are granted.

Claim Petition

The Claim Petition is the petition your Pennsylvania Workers’ Comp attorneys file to get your claim for benefits heard by a Workers’ Comp Judge.  When the insurance carrier either denies your initial claim or refuses to even respond to it, the Claim Petition is usually the first thing we will file to bring the case to court, where it can be decided by a neutral judge instead of the interested parties.

Penalty Petition

Penalty Petitions are filed to request that the court make a party pay extra for violating the rules or processes.  Insurance carriers and employers might ignore required response deadlines and simply ignore your initial claim, hoping that you will just go away and stop fighting for benefits.  This is cheaper for them, but if you do respond and get a lawyer and take them to court, you can potentially file a Penalty Petition and get additional pay because of their attempt to cheat the process.

Review Petition

After your claim has been accepted and you’ve received a notice that you will get benefits, you might notice problems with the amounts or benefits to be paid.  Benefits should typically pay for all medical care needs for your work injury, and they should cover lost earnings at 2/3 of the typical average weekly wage you received before the accident.  There may also be additional benefits if you lost a body part, lost total function, lost hearing or vision, or suffered facial scars.  If any of these amounts are wrong or there are problems with the benefits, a Review Petition is what you file to correct them.

The employer might also file a Review Petition if the court got something wrong.

Termination, Suspension, or Modification Petitions

If you get better and can return to work, your benefits should change.  If you return to work at full capacity and no longer face wage loss, your benefits should end.  If there are problems with the case and your employer might have room to make changes, they might also be able to pause benefits for a bit while things are worked out.

These are the kinds of things that are handled through Petitions to Terminate, Suspend, or Modify.  Typically, these petitions are going to be filed against you in an attempt to shut down your benefits, but you may also be able to modify benefits back to full disability benefits if you were receiving part-time benefits and then your condition got worse again and kicked you back to total disability.

Petition Seeking Approval of a Compromise and Release

When you make an agreement with the other side to settle your case, you usually sign a Compromise and Release Agreement.  The Workers’ Comp Judge needs to approve these claims and go through some procedural steps, so there needs to be a petition to get the agreement before a judge.

How Do I File a Petition in a Workers’ Compensation Case?

Many of the Workers’ Comp petitions you might want to file are forms that you can find online and file with the state to get your case placed before a Workers’ Comp Judge.  In some cases, the forms are somewhat straightforward.  For example, the Claim Petition form is only two pages long and asks questions you might be able to answer on your own, such as when the accident happened.  However, you should never try to file a petition on your own.

You should always have a lawyer handle these petitions for a few reasons.  First, there are complex questions and facts that you might not understand at first glance, such as the distinction between partial and full disability, how to calculate average weekly wages, and what constitutes a “work-related” injury.  At best, a mistake might simply mean losing your claim; at worst, it might mean being accused of fraud.

Additionally, our lawyers have the experience and resources to deal with other aspects of your case, such as the need for depositions, medical exams, and other evidence collection, so you should never try to handle the case on your own.

How Do I Know if a Petition Has Been Filed Against Me in Pennsylvania Workers’ Comp Cases?

If your employer is trying to stop or deny your benefits, they will have to file a petition and take the proper steps to do so, and the Workers’ Comp system will notify you of the petition filed against you.  This usually comes in the form of a document called “Assignment of Petition to a Workers’ Compensation Judge,” which tells you that a petition was filed and handed over to a judge, and it tells you which specific judge will be handling the case.  After that, you may get a Notice of Hearing, which says when the case is scheduled to go before the judge.

If you receive one of these letters, call a lawyer right away to make sure that you can build a proper defense and get legal help at the hearing or in your response/defense to the petition.

Call Our Workers’ Comp Attorneys in Pennsylvania Today

For a free case evaluation, contact Cardamone Law’s Philadelphia Workers’ Comp lawyers right away at (267) 651-7945.