Having your workers’ compensation benefits denied can make it impossible to support yourself if you are still too injured to work. Many terminations occur before the worker is ready to return to work, and their employer may have stopped the benefits in error.
Our Fayetteville workers’ compensation termination lawyer may be able to help you get your benefits restored and claim back benefits to help continue paying for your medical care and lost wages. For help with your case and to schedule a free, confidential legal consultation, contact Ken Kieklak, Attorney at Law, today. Our number is (479) 316-0438.
Why Would My Workers’ Comp. Benefits Stop in Arkansas?
In many cases, workers compensation benefits may be stopped or terminated by accident or because of an error. Your employer is required to continue paying your benefits for as long as you are entitled to receive them, but your employer may cancel benefits if you violate the rules of workers’ compensation.
In most cases where benefits are terminated, your employer believes that you no longer qualify for benefits. In any case where a worker would no longer qualify for a new application, the employer can stop benefits. Workers’ comp. requires that you have a work-related injury that makes it impossible to return to work. If your employer finds out that your injury was not work-related or learns that you have recovered and can return to work, you may be expected to go back to work and your benefits will be canceled.
Workers’ compensation requires you to prove your injury was work-related and to see a doctor that your employer chooses. If the initial application is accepted, your employer may later decide to challenge the claim if they learn or claim to have new information about how the accident happened. Additionally, since the doctor is required to report your treatment and progress to your employer, the doctor may report that your condition has improved, potentially leading the employer to believe that you can return to work.
Benefits can also be canceled if you violate any workers’ comp. rules. Workers’ compensation requires you to use the doctor your employer chooses and to continue to attend all appointments and follow through with any recommended treatment to have treatment covered. Failing to get treatment, seeking treatment from your own doctor without approval, or missing too many appointments can lead your employer to cancel your benefits and leave you to pay for your own medical care. Additionally, things like fraud or failing to report that you have returned to work can also lead to immediate benefit termination.
Can You Appeal Terminated Workman’s Comp. Benefits?
If your benefits were cut off, you may be entitled to appeal the decision and get your benefits restored. The process for termination appeals works similarly to the process for fighting an initial claim denial, so if you had to appeal your claim in the first place, you may already be familiar with this process.
The Arkansas Workers’ Compensation Commission (AWCC) writes the rules and procedures for appealing a denial or termination. These rules give you the time limits and instructions for filing your initial appeal. Your attorney can help you file the appeal and get your case started.
If you file your appeal immediately, you may be able to continue to temporarily receive benefits until the Commission comes to a decision and restores or permanently cancels your benefits. To do this, you must follow all proper rules and procedures, which your attorney can help you with.
The AWCC will hear your appeal and decide whether your benefits were properly terminated. If your employer or their insurance company was merely making excuses to end your benefits, this process will likely get to the truth of the matter and allow you to have your benefits restored. Getting your benefits restored may require presenting evidence to prove your injury or illness was indeed work-related, or you may need further medical evidence to prove that your condition is still too severe for you to return to work.
If you are not satisfied with the AWCC’s decision, you may be able to appeal your case to an administrative law judge. This judge has the power to hold a hearing and analyze the case, potentially ordering your employer and their insurance company to restore your benefits and pay any back benefits. This process is a formal courtroom process, and you should consult an attorney before trying to handle this appeal and its procedures on your own.
Fayetteville Workers’ Compensation Benefit Termination and Restoration Lawyer Offering Free Consultations
If you or a loved one had their workers’ compensation benefits denied, call Ken Kieklak, Attorney at Law, today. Ken represents workers in disputes with their employers and the AWCC to fight for the workers’ compensation benefits they need to pay for medical expenses and lost wages after a serious work injury. To schedule a free consultation with our Fayetteville workers’ comp. termination attorney, call us today at (479) 316-0438.