- March 27, 2024
Before scheduling an appointment with an Atlanta workers comp lawyer, many injured workers do an internet search on the topic of benefits. Among other things, they find out that workers comp benefits can last for up to 400 weeks in our state.
They arrive at the meeting with the attorney believing that this is how long they can expect to receive replacement wages and compensation for medical care costs. In reality, the 400 weeks term is the maximum period when benefits are payable. The duration of these benefits varies in each individual case, based on various factors.
Here is when workers comp will stop paying in Georgia and why:
You Are Recovered and Can Return to Work
Workers compensation benefits last until you return to your job. They are offered to you as a form of compensation for medical care costs and lost wages after a workplace accident. Once your doctor says that you are healed and can go back to work, the workers comp insurer will file the WC-2 form and your benefits will stop.
If you feel that the workers comp doctor is hurrying you to return to work, talk to your lawyer to file an appeal and seek a second medical opinion. However, do not refuse to return to your job – this is grounds both for termination and for having your benefits permanently stopped.
You Refused a Light Duty Position
The workers compensation doctor may determine that, while you are recovering from your injury, you are still able to perform specific light duty activities. In this situation, your employer will most likely call you back to work in such a position.
During the period of performing light duty work on lower wages, workers comp will cover 2/3 of the difference between your regular wages and the light duty position wages.
Even if you do not agree with the doctor, you should not refuse the light duty position and not try to underperform in this capacity. Do your best to fulfill your duties and tell your attorney if you feel that the activity is too taxing for you while you are still injured.
Otherwise, your employer will inform their insurance company that you refused the position and the insurer will stop your benefits.
You Reach Maximum Medical Improvement with a Permanent Disability
Workers compensation pays benefits until you can return to work. If your workers comp doctor determines that, once you reach maximum medical improvement, you will be left with permanent impairment, your situation changes.
At this point, your Atlanta workers compensation attorney will have to make sure that you get a correct disability rating and apply for permanent disability benefits.
If you suffered a catastrophic injury leaving you unable to undertake any kind of gainful employment, you will get lifetime benefits. Otherwise, the duration of these benefits will be calculated depending on the level of disability and the affected body part.
You Change Jobs While You Are Out on Workers Comp
Some injured workers use the recovery time to look for a better job. If you find one and accept the offer, you must notify your employer and your benefits will stop. Do not try to hide the fact that you have a new job. It will come to light one way or another.
And when it does, the workers comp insurance will sue you for insurance fraud and demand that you repay the benefits you collected unlawfully.
The Decision to Approve Your Claim Is Overturned
The insurance company will not stop investigating your workplace accident while you are out on benefits. They are always trying to minimize the amount of money they have to pay.
And, if they find any kind of reliable evidence that you lied about your accident or failed to disclose an old injury, they will overturn the initial decision and deny your claim. At this point, you will be notified of this new decision and the checks will stop coming.
Discuss Your Case with a Skilled Atlanta Workers Comp Lawyer!
While the internet may provide helpful information, it is not a reliable source when it comes to your legal rights. You should discuss your workplace accident with an experienced Atlanta workers comp lawyer.
Based on the facts of your case, you will learn if you have a valid claim and how long you are expected to collect benefits. If you have a case, we will represent you on a contingency fee basis. This means that we get paid only after we win your claim.
We also offer each new client a free case evaluation, so contact us at 470-287-5597!
