When you have been injured at work, the procedures that follow to ensure you get workers’ compensation benefits can be complex to understand. This is because the workers’ compensation process is incredibly technical, which is why it’s often best to consult with a San Jose workers’ compensation lawyer. A lawyer will know the relevant laws applicable to your claim and can help you receive the claims you deserve.
Yet, what happens when your workers’ compensation benefits stop? Often workers are faced with the issue of their workers’ compensation claim benefits stopping, and they are not sure of why it has happened or what they can do. This article will briefly look at what workers’ compensation benefits are, why they could be stopped, and what you can do when you aren’t receiving your workers’ compensation benefits check.
Essentially, workers’ compensation benefits are payments that an employer’s insurance provider is required to pay to qualified employees for injuries or diseases that an employee sustained due to their job. Additionally, workers’ compensation is a no-fault insurance system which means that no matter who is at fault for the worker’s injuries, they will still receive benefits. This would even be the case if someone else were deliberately responsible for injuring an employee.
Often, an employee’s workers’ compensation benefits can be stopped, sometimes without them knowing. If an insurance company finds a legitimate reason why you should stop receiving benefits checks, they can terminate them or attempt to terminate them. Below are some of the specific reasons why your workers’ compensation benefits can be stopped.
- You refused to accept light duty at work.
- An independent medical exam stated that you no longer qualify to receive benefits checks.
- It was proven during your functional capacity exam that you are healthy enough not to need benefits.
- It was discovered that there are gaps in your medical treatment for the injury or disease that you are claiming benefits for.
Now that you know what workers’ compensation benefits are and why your benefits can be stopped, we can look at what you can do about it. Fortunately, when your benefits have stopped, and you know the reason why you can take steps to get them reinstated.
Should your employer’s insurance company have contested your workers’ compensation benefits claim, or if you want to dispute the stopping of your benefits checks, you will need to submit evidence that you deserve to continue receiving the checks.
You will also need to appear at hearings in front of a workers’ compensation judge. At the hearing and afterward, a judge will review your medical records, testimonies, evidence of injuries, and any other relevant evidence. After reviewing all the applicable case information, the judge will decide whether or not your benefits checks can be reinstated.
If you are unsatisfied with a judge’s ruling because they have ruled that you do not qualify to continue receiving benefits, you can contest their verdict. Ultimately, to do this, you will have to file an appeal with a three-person panel of a workers’ compensation board.
It’s important to note that while you are busy with the appeals process, a workers’ compensation insurer is not required to continue paying you benefits checks.
Get In Contact With A California Workers’ Compensation Attorney To Discuss Your Workers’ Compensation Claim
If you are struggling to understand why your workers’ compensation benefits checks have been stopped or if you want help trying to get them re-initiated, consider hiring a San Jose worker’s comp lawyer. An attorney can evaluate your workers’ compensation claim to ascertain if you can get your benefits reinstated.