- Workers' Compensation
When you’re receiving workers compensation benefits, you come to rely on them. Not only is your medical treatment covered. But you’ll also receive weekly replacement wages. If you find that your workers comp benefits have been terminated, it’s only natural to want to call a St. Petersburg workers comp attorney.
Here, we’ll explain why this may happen. We’ll also discuss what your workers compensation lawyer in St. Petersburg can do to help get your benefits reinstated.
Why Would Your Workers Comp Benefits Be Terminated?
There are a variety of reasons why your workers’ compensation benefits may be terminated. Sometimes, the insurance company terminates your benefits in error. However, in most of the cases our St. Petersburg workers comp attorneys handle, they are terminated intentionally.
In most cases, the worker does something that causes their benefits to be terminated. For example, you may stop going to your doctor’s appointments. Since workers compensation law requires you to comply with your treatment plan, this can cost you your benefits.
Your Workers Compensation Doctor May Have Determined That You’ve Met Maximum Medical Improvement
Another reason why your benefits may end is that your workers’ compensation doctor determines that you’ve achieved maximum medical improvement (MMI). This is the point at which you will no longer benefit from further treatment.
Once this happens, your workers compensation lawyer in St. Petersburg will be notified. The problem is that this notice may come at the same time (or after) you stop receiving your benefits.
Even if you’re aware that you’ve reached MMI, you may not fully understand the implications of this. If that’s the case, you need to call your St. Petersburg workers comp attorney immediately.
The Insurance Company May Have Decided That You Weren’t Entitled to Benefits in the First Place
There are some cases our St. Petersburg workers compensation lawyers have handled where benefits are terminated for other reasons. The insurance carrier may have initially approved your claim. Then, after a more thorough investigation, they decide that your claim should’ve been denied.
An example of this can be when a worker was under the influence of drugs or alcohol at the time of their workplace accident. Perhaps you went to the emergency room immediately after your accident.
You are treated in the hospital and then assigned a workers compensation doctor. It may be weeks before the insurance company learns the results of your drug test. If it comes back positive, you can rest assured your benefits will be terminated.
You May Have Taken a New Job Without Letting the Insurance Adjuster Know
Our workers compensation lawyers in St. Petersburg always warn their clients about taking a new job without telling them. Even if you find a new job that doesn’t have the same duties as your current job, you need to keep your attorney informed.
What will happen is your St. Petersburg workers comp attorney will notify the insurance adjuster. They’ll explain that you’re still being treated but found a new job that doesn’t require you to use the injured body part.
If they don’t terminate your workers comp benefits, they will reduce them to account for the wages from your new job.
Your Workers Compensation Lawyer in St. Petersburg Can Appeal the Decision
If you don’t believe the insurance carrier had grounds to terminate your benefits, don’t panic. Speak with your workers compensation lawyer in St. Petersburg and explain what has happened.
Your lawyer will reach out to the insurance company and appeal their decision. If they still refuse to reopen your claim, your attorney can always file a petition with the state to review the matter.
What Kind of Argument Can Your St. Petersburg Workers Comp Attorney Make?
You may wonder what kind of arguments your workers compensation lawyer in St. Petersburg can do to get your benefits reinstated. It isn’t easy to convince the insurance company to do this.
There are certain things, however, that your lawyer can point out that may convince them to reopen your claim. These may include the following:
- You did not accept a new job, you simply interviewed for one.
- Your new position is a volunteer position.
- You have not missed any doctor’s appointments.
- You dispute the results of the drug test.
It isn’t possible to highlight all the possible arguments your St. Petersburg workers comp attorney may make. It really depends on the facts of your case and the reason your benefits were terminated in the first place.
Can a Lawyer Get Your Workers Comp Benefits Reinstated?
Depending on the reason why your benefits were terminated, your St. Petersburg workers comp attorney may be able to get them reinstated. It depends on several things.
For example, your attorney will need to know why your benefits were terminated. If it was due to some clerical error, they may be able to fix that easily.
If, however, the insurance company has determined that your initial claim never should’ve been improved, it will be difficult to get your benefits reinstated.
Your workers compensation lawyer in St. Petersburg will do their best. However, there are no guarantees.
Your St. Petersburg Workers Comp Attorney Can Arrange for an Independent Medical Examination
If your benefits ended because your workers comp doctor reported that you’ve met MMI, your attorney can challenge that. If they don’t believe you have truly met MMI, they can always arrange to have you undergo an independent medical examination.
Depending on the results of this second opinion, your benefits may (or may not) be reinstated.
You May Be Able to Prove That Your New Job Doesn’t Have the Same Duties as Your Current Job
If your benefits were terminated because you accepted a new position, you have options. You can get a letter from your new employer stating that your duties are completely different from your prior duties.
Whether this is sufficient will depend on the opinion of the insurance adjuster.
Call Our Skilled Workers Compensation Lawyers in St. Petersburg Right Away
It is hard enough to get your workers’ compensation claim approved. The last thing you want to see happen is your benefits be terminated. However, our St. Petersburg workers comp attorneys have seen this happen from time to time.
You’re bound to have questions about why this would happen. You probably also want to know what your workers compensation lawyer in St. Petersburg can do to get your benefits reinstated.
We suggest you contact our office at (954) 324-COMP and schedule your free, initial consultation. As long as you’re entitled to benefits, your St. Petersburg workers comp attorney will fight to get them reinstated on your behalf.
