When Do Workers' Compensation Benefits End?
Workers’ compensation benefits can end in a number of ways. While those benefits may be able to be resumed in some occasions, they can also end and cannot be resumed in other cases. It is imperative to obtain experienced legal assistance to see if benefits can be still be pursued when yours is coming to an end.
The following are several reasons why workers’ comp benefits end:
- Determinations of the insurance company. An insurance provider can terminate benefits for various reasons. In most cases, they deny benefits due to a failure to obtain documentation to support payments of benefits or failure of the injured employee to attend evaluations and gather disability reports. If you doctor fails to turn in the proper paperwork, the insurance company can terminate your benefits.
- Determinations of a doctor. A doctor may find no work-related injury to the body part(s) evaluated for the claim, which means that no benefits will be rewarded. If a physician determines that you are no longer totally temporarily disabled (TTD), then the benefits may be terminated.
- Determination of the Workers’ Compensation Appeals Board (WCAB). The WCAB can terminate benefits for failure to attend evaluations or due to a court decision for Findings and Award. The WCAB can dismiss a case due to a failure to prosecute the case.
- Compromise and release. If you decide to agree to a lump sum settlement, your benefits will be terminated since you will not be receiving a monthly payment. However, some compromise and release settlements provide open medical care.
- The labor code may limit your benefits. For injuries on or after 4/19/2004, TTD benefits are limited to either 104 weeks or 240 weeks in some cases. This includes cases of acute and chronic hepatitis B, acute and chronic hepatitis C, amputations, severe burns, HIV, high-velocity eye injuries, chemical burns to the eyes, pulmonary fibrosis, and chronic lung disease.
For more information, contact our Orange County workers’ comp attorney at Alvandi Law Group, P.C. today.