Workers Comp Benefits: Can an Employer Terminate Them Early

One of the first questions our clients ask us is – how long will I receive workers comp benefits? The answer to that question is – nobody knows for sure. The duration of your claim will depend on several things. If you suffered very serious injuries, you’ll be out of work a lot longer than someone who hurt their wrist or ankle.

The same is true for workers who suffer a traumatic brain injury. Something like this can keep you out of work for months or even a year. Our Atlanta workers compensation lawyers will do their best to make sure you aren’t forced to go back to work early.

We suggest that you call and schedule your free, initial consultation today. You don’t want to waste any time when it comes to appealing your workers comp claim. The longer you wait, the longer you’ll go without benefits. Nobody can afford to sit at home with no income.

It’s hard enough to survive on the benefits they do pay you. When you call to schedule your free consultation, make sure to bring whatever information you have with you. This will make your workers comp lawyer in Atlanta’s job a little easier. It will also increase your chances of having your benefits reinstated.

Most Workers Compensation Claims Close Naturally

Most of the time, our clients’ benefits continue until they’re ready to go back to work. At some point, your workers comp doctor will determine that you’re ready to go back to work. The technical term for this is that you’ve reached “maximum medical improvement.” This just means that your doctor doesn’t think further treatment will help. You’ve recovered as much as you’re going to recover.

When this happens, you’ll have to return to work. Your weekly benefits will end, and you’ll resume your original schedule. You’ll also go back to receiving your full wages. This alone is usually enough incentive for our clients to get well. Most people get tired of staying home and running to doctor’s appointments. They are excited to finally get back to work.

Did You Miss Doctor’s Appointments or Refuse to Go to Physical Therapy?

If your Atlanta workers’ compensation lawyers find out that you’ve been blowing off your doctor’s appointments, they won’t be happy. The same is true if you’ve refused to undergo the treatments your doctor recommends.

As soon as your employer or their insurance carrier learns of this, they’ll terminate your benefits. They aren’t going to continue to pay somebody who is refusing to get better. The way it looks to them is that you’re milking them for benefits for as long as possible.

workers' comp doctor

You Cannot Work Another Job While Collecting Workers Compensation Benefits

The last thing you want to do is get caught working a second job while collecting workers compensation benefits. If the insurance company hears of this, two things will happen. First, they will terminate your benefits.

The second thing that will happen is you’ll receive a demand letter asking that you pay back the benefits you already received. You could even be charged for some of the medical treatment you have received. For example, if any treatment overlapped with the days you worked at another job, you may have to pay them back.

It’s Not a Good Idea to Refuse a Light-Duty Position

If your employer offers you a light-duty position and you can perform the job, don’t refuse it. This is one surefire way to lose your benefits. There won’t be much your workers comp lawyer in Atlanta will be able to do in this situation. For example, let’s say that you work in a warehouse unloading trucks. You can’t do that at the moment because you suffered an elbow or knee injury.

While you’re still recovering, your employer asks you to come back to work in a different position. They want you to answer phones and man the front desk at their administrative officers. The hours are the same as your prior job and your pay will not change.

You don’t really have a good reason to refuse this job. Your Atlanta workers’ compensation lawyer probably won’t be able to help in a situation like this. It’s hard to convince someone that you can’t handle a desk job if you’re well on your way to being healed.

Your Atlanta workers compensation lawyer can file an appeal.

It’s a Good Idea to Call a Workers Comp Lawyer in Atlanta

If you aren’t sure why your benefits were terminated, you need to call a workers comp lawyer in Atlanta right away. You only have a certain amount of time to file your appeal. It doesn’t help that you don’t know the reason for the termination of benefits.

Your employer is supposed to send you a letter explaining why this happened. What your Atlanta workers compensation lawyer will do is reach out to your employer to find out what’s going on. Until they know the situation, there isn’t much they can do to help. However, as long as you didn’t break one of the major workers’ compensation rules, we may be able to get your benefits reinstated.

We suggest that you call the office and speak with one of our seasoned workers comp lawyers in Atlanta. Sit down and go over your claim with someone who’s handled dozens if not hundreds of these cases. We understand the laws in Georgia, and we know how insurance companies operate. We’ll do our best to get your benefits going again so you can focus on getting better.

We do offer new clients a free, initial consultation. This gives both you and your attorney a chance to see if it’s a good fit. If they believe your case has merit, they’ll let you know. If, however, they don’t think you have a reasonable chance of getting your benefits reinstated, they’ll let you know that as well. We would never want to get someone’s hopes up unnecessarily. Since the consultation is free, there’s nothing to lose.