How To Respond To A Termination Petition During A Workers' Compensation Case

If you are injured and receive workers' compensation benefits, you might assume that you will continue to receive these benefits until you are fully recovered. However, your insurance provider might request that you see a doctor of their choosing. After seeing the doctor, you might discover that the doctor reported that you are no longer injured and the workers' compensation insurance provider has now filed a termination petition. If this is the case, you will need to contact a workers' compensation lawyer immediately.

How a Termination Petition Works

A termination petition exists so that your benefits can be cut off. Once a termination petition has been filed, the judge will schedule a hearing. The report of the doctor will be submitted to the court and the judge will rule on whether your benefits should be terminated. However, you may be able to stop this when submitting the right documents to the judge.

You will need to submit an affidavit stating why you believe that you are still disabled and should receive benefits. You will also need to submit medical records for the judge to see. A workers' compensation attorney will help you draft the proper affidavit and will also help you make sure that you submit the right documents to prove that you are still injured.

Your Final Hearing

In the final hearing, you will have an opportunity to explain to the judge why you are still disabled. For example, you might explain that you will not be able to stand for long periods of time and that this will prevent you from doing your job.

The attorney of the insurance provider will have an opportunity to ask you questions about your injuries. An attorney will help prepare you to answer these questions so that you do not answer them in a manner that might jeopardize your case. Then, both your lawyer and the lawyer of the insurance company will submit briefs where they make their final arguments.

Alternative Ways to Save Your Benefits

You may be able to save time by settling with the insurance provider out of court. You may also be able to resolve the dispute with the insurance provider by turning to a third-party mediation service.

Why an Attorney Is Very Affordable

You may be concerned about the fee you must pay your attorney. However, you will only have to pay a fee if the attorney successfully defends your benefits. Therefore, you will still be better off after working with an attorney experienced in workers' compensation cases.

If you have any questions about workers' compensation law, talk to a lawyer in your area.