Atlanta Workers Compensation Attorneys Q&A: Can the Employer Terminate My Benefits?

Did your employer stop paying you the due workers’ compensation benefits?

Although it is their right to do so it does not mean you should simply accept their decision and move on. If you feel the decision is unfair and they terminated your rights prematurely, you should fight them. However, before taking any action, you should consult an experienced Atlanta workers’ comp lawyer.

They will review your case, evaluate your employer’s decision, and advise you how to proceed. Until you get to talk to an Atlanta workers’ comp lawyer, some general information may help you assess your situation. We will provide it in the following lines.

Benefits Termination Guide and How an Atlanta Workers’ Comp Lawyer May Help

The Georgia State Board of Workers’ Compensation warrants employees injured on the job access to the following benefits:

• Temporary partial disability – Available to employees who return to work on lower-paid positions
• Temporary total disability – Available to employees who cannot work for a given period
• Permanent partial disability – Available to employees permanently disabled following a work-related injury
• Death benefits – Available to the dependants of employees deceased following a work-related accident.

There are several scenarios when the payment of these workers’ comp benefits in Georgia may end. When reviewing a new case, an Atlanta workers’ comp lawyer will assess which of these scenarios apply.

Workers’ Compensation Benefits Termination – 5 Common Scenarios for an Atlanta Workers’ Comp Lawyer

1. When the Employee Returns to Work or When the Benefits Period Ends

Obviously, once the employee has recovered and can resume work, workers’ comp payments can end. In some cases, they will end even if the employee does not return to work, after a certain period. For example, temporary disability payments cannot continue past 400 weeks.

2. When the Employer Decides the Payment of the Benefits Is No Longer Justified

At some point, the employer may decide that the employee has recovered and can return to work. If the employer finds the payment termination unjustified, they may consult an Atlanta workers’ comp lawyer.

The latter will review their case details and advise whether the employer acted reasonably or not. They could simply try to cut down their expenses, case in which the employee can take measures against them.

3. The Employee Has Reached the Maximum Improvement Possible in Their Situation

In severe cases, full recovery may be impossible. When the employee reaches maximum improvement, the employer may terminate payments for temporary total or partial disability. The employee will stop receiving benefits from the employer.

However, they probably qualify for permanent partial disability benefits. The employer’s insurance company usually schedules a rating evaluation for them in this sense within 30 days from payment termination. The cruel reality is that many insurance companies neglect this aspect. Employees who do not receive notifications of requests on their behalf should contact an Atlanta workers’ comp lawyer!

4. The Condition of the Employee Aggravates and the Employer Refuses to Cover the Expenses

Sometimes, the work injuries employees incur aggravate and require expensive, long-term treatments. In such cases, insurance companies often refuse to cover further treatments and benefits. They may try to blame the complications on pre-existing conditions.

An Atlanta workers’ comp lawyer can help employees in this situation defend their rights. They will gather evidence to show that the work injury was the cause and help their client obtain the due benefits.

5. The Employee and the Employer Their Insurer Negotiate a Settlement

To avoid paying long-term benefits, employers or their insurers will occasionally offer one-time settlements. When accepting a settlement, the employee gives up their right to further workers’ comp benefits. Once they have a signed agreement, the employer will obviously terminate any payments.

Atlanta workers’ compensation attorneys advise clients to think twice before accepting a settlement. They should take into account their health condition, possible expenses, and future income-earning opportunities. They should reach out to one of the worker’s compensation lawyers in Atlanta for help with the negotiations.