- workers compensation benefits, Workers' Compensation
It can be difficult enough to convince your employer that you qualify for workers comp benefits. The last thing you want to do is something that causes your benefits to be terminated. If this happens, make sure you call one of our Tampa workers comp attorneys right away.
You Must Prove That You Qualify for Workers Compensation to Receive Benefits
When you first suffer your workplace injury, you need to report it to your manager or Human Resources. They are supposed to help you fill out an accident or incident report. Once you do this, they’ll send you out for medical treatment.
In the meantime, they will have to forward your claim to their workers’ compensation insurance company. They will decide together whether your claim should be approved. If you’re lucky, this will happen right away. If not, your Tampa injury lawyer may need to get involved.
The point is that it can be hard enough to get your workers comp benefits approved. The last thing you want is for your employer to change their mind and terminate your benefits.
Your Tampa Workers Comp Attorney Can Find Out Why They Ended
As soon as you realize your benefits have stopped, you need to let your Tampa workers comp attorney know right away. It can take weeks to get your benefits reinstated. You don’t want to wait too long before letting your lawyer know what has happened.
Your attorney will have to reach out to the insurance carrier and find out why your benefits were terminated. If it was for a clerical error, it may not be hard to resolve. However, if there is a reason they intentionally terminated them, it could be several weeks before it’s resolved.
Your Employer or the Insurance Carrier Will Notify You
Legally, if your employer is going to terminate your workers comp benefits, they must notify you in writing. They don’t necessarily have to do this before your benefits stop.
For example, if your employer decides on a Wednesday that you’ve violated the workers comp rules, you may still receive one more check. However, you will not receive anything the following week.
Your Tampa Injury Lawyer Can Appeal the Decision to Terminate Your Benefits
If your workers comp benefits are terminated, your Tampa injury lawyer can certainly file an appeal. If the insurance company still refuses to reinstate your benefits, your Tampa workers comp attorney will petition the Division of Workers Compensation to intervene.
If you’ve done something that caused your benefits to stop, let your lawyer know. For example, if you got a new job or refused to return to work, don’t keep this from your attorney. If they don’t know what happened, there’s no way for them to help you.
Did You Start a New Job and Not Tell Your Tampa Workers Comp Attorney?
One reason your benefits may have been terminated is if you started a new job. You are not allowed to work while collecting workers compensation benefits. Of course, if you already had the job at the time of your injury, that’s different.
Sometimes, one of our clients suffers an injury that prevents them from performing the tasks at their primary job. However, they are still able to work their second job with ease. The insurance company will already be aware of this – or they should be.
Did You Refuse to Comply With Your Medical Treatment?
You are required to comply with your workers comp doctor’s treatment plan. If you stop showing up for appointments, or refuse treatment, your benefits may end. Once the doctor reports this to the insurance carrier, they may decide to terminate your benefits.
The problem here is that there’s no guarantee that your Tampa injury lawyer will be able to get your benefits reinstated. The whole purpose of workers’ compensation is to help you recover enough to return to work. If you refuse to take the steps to make this happen, then you will no longer receive benefits.
Let Your Tampa Injury Lawyer Know if Your Employer Changed Their Mind About Approving Your Claim
Your employer may have approved your benefits while they continued their investigation into your claim. If, at some point, they determine that you never should’ve received benefits, they may advise the insurance adjuster to terminate them.
For example, your benefits may have been approved at first. Once your drug test comes back, your employer may decide to terminate your claim. Since you cannot be under the influence of drugs or alcohol at the time of your workplace accident, your employer would have a right to do this.
Did You Return to Work Only to Go Back Out on Workers Compensation?
One other common reason that your benefits may be terminated is if you refuse to go back to work. Your workers comp doctor may have determined that you were ready to return to work in a light-duty position.
If you refuse to accept this position, there is a good chance your benefits will be terminated. In fact, under these circumstances, there’s a good chance you could be fired. If this happens, make sure you let your Tampa workers comp attorney know immediately.
Your Tampa Workers Comp Attorney Will Do Their Best to Get Your Benefits Reinstated
It can be harder to get your workers comp benefits reinstated than it is to qualify for workers compensation the first time. It all depends on why your employer decided to terminate your benefits. It’s important that you let your Tampa work injury lawyer know what’s going on.
Legally, the insurance company is supposed to send all correspondence to your Tampa workers comp attorney. They should not be contacting you directly. However, if you do receive a termination notice, make sure to send a copy to your Tampa injury lawyer immediately.
If you haven’t already retained one of our Tampa workers comp attorneys, contact our office now. We offer all new clients a free, initial consultation.
