Potential Legal Problems
Potential Legal Problems You May Have With Your Case
- The Workers Compensation Insurer has started to pay you weekly compensation benefits and medical benefits, and you suddenly receive a certified notification advising you that your benefits will be terminated within seven days. You are still under active treatment with your doctor and have not been cleared to return to work. What legal rights do I have?
- The Workers Compensation Insurer is paying you weekly compensation benefits within the first six months of your incapacity ( ” Pay Without Prejudice Period “), and you suddenly receive a form in the mail from the Insurance Company requesting that you extend this period for an additional six months. What is the legal significance of this form? Do I have to sign this document? Will my compensation benefits be terminated if I refuse to sign? Am I guaranteed to receive my benefits for the next six months if I do sign the document?
- The Workers Compensation Insurer has scheduled a medical examination with one their doctors( ‘Independent Medical Exam” ). Do I have to attend this examination? The Insurance Company doctor has cleared me to return to work, but my doctor, disagrees with this medical opinion. Am I required to follow the advise or opinion of the Insurance Company doctor? What will happen to my entitlement to receive benefits if I refuse to follow the advice of the Insurance Company doctor?
- My doctor has cleared me to return to work with medical limitations or restrictions ( for example, ” no heavy lifting, or no repetitive bending, stooping or kneeling”); or my doctor has released me to return to work on a part-time light duty basis. Am I legally required to return to work? Is my employer legally required to provide me with a light duty or part-time job that is consistent with the limitations specified by my doctor ? What are my legal rights if my employer cannot accommodate my physical limitations? Can the Workers Compensation Insurer terminate or reduce my benefits if my employer claims to have no light duty work available? If my employer has no light duty available, can I find light duty work elsewhere, and still receive a weekly compensation benefit from the Workers Compensation Insurer?
- My doctor or the Insurance Company doctor has released me to return to light duty work, and my employer claims to have no light duty work available. Because of my injury I am unable to find light duty work with another employer. Despite having no ability to obtain light duty work, the Workers Compensation Insurer has terminated or reduced my weekly compensation benefits. Can the Workers Compensation Insurer legally terminate or reduce my benefits? Can the Workers Compensation Insurer force me to apply for Unemployment Benefits ? If I do receive Unemployment Benefits, what effect does this have upon my rights to receive Workers Compensation benefits?
- My doctor has requested that I undergo a certain course of medical treatment or surgery, and the Workers Compensation insurer refuses to pay for the treatment. What legal rights do I have? The Workers Compensation Insurer claims that my medical condition and/or need for treatment is not related to my accident at work, and refuses to pay for the treatment recommended by my doctor. What legal rights do I have?