A Supersedeas means the insurance company is trying to suspend or even eliminate your workers’ compensation wage benefits. You need your wage benefits to pay your bills. This means a Supersedeas is a very serious event in your compensation claim.
How Does a Supersedeas Work?
The process for a supersedeas is as follows:
- Your employer or its insurance company files a petition with the judge.
- The judge then rules whether your wage benefits may be ended or altered.
The judge often makes this decision very quickly. Given the risk of losing your wage benefits, it is critical that you fight a Supersedeas as hard as you can. If you don’t have representation, your chances of winning your hearing are substantially decreased. You need the right representation to help you fight this potentially devastating order from the Judge.
If you do not already have legal representation and you receive notice of a Supersedeas, now is the time to get help. Here at Lowenthal & Abrams, Injury Attorneys, or team is lead by James Mogul who is an expert in Pennsylvania workers’ compensation law. Jim can help you fight the effort to suspend or stop your benefits. Contact Jim today.
How Your Workers’ Compensation Lawyer Defends Against a Supersedeas
Your lawyer needs to do two basic things to defend you against the effort to alter or terminate your benefits. These two steps seem simple, but they must be done properly or you will likely lose your benefits.
Review Your Medical History
The first step for your lawyer is to make sure that you have a strong medical case. If you already have competent counsel, your lawyer will be familiar with your medical records and your injuries. This is one of the reasons it is good to have a lawyer on your side from day one. But if you don’t have representation, a good lawyer will get up to speed quickly. In either case, the attorney will gather your most recent medical records. The reason the lawyer needs your records is to prove you are treating and having limitations. Your attorney will provide the most compelling records to the judge in order to avoid overwhelming them with irrelevant information. It is critical the lawyer use just the right records and highlight the right aspects of your injuries.
Write and Submit an Affidavit
Based on the medical records and your current impairments and symptoms, your workers’ compensation lawyer will write an affidavit to show the judge why you are unable to work. The affidavit must be short and to the point. It is important that the lawyer be familiar with what your specific judge is looking for. This is why an experienced attorney who commonly practices in your geographic area is so critical.
The Benefits of a Win
Not only does winning your Supersedeas hearing mean you get to keep your wage benefits, it shows the insurance company that the judge thinks you have a strong case. When you win, the insurance company/employer knows that it will likely have to pay out your benefits for at least a period of months or even years. When it is time to negotiate a lump sum payment, you and your lawyer come from a strong place and the value of your case can increase. Keep in mind, winning a supersedeas does not guarantee a settlement, but it certainly doesn’t hurt.
Fight a Supersedeas in a Philadelphia Workers’ Compensation Case
If your employer or insurance company tries to hit you with a Supersedeas in Philadelphia, you must fight it or risk losing your workers’ compensation benefits. Don’t roll over for the insurance company. Make sure you have an experienced workers’ compensation lawyer on your side. Contact us today for a free consultation so you can find out how we can fight to protect your benefits.