When it comes to workers’ compensation, many employees may fear that their benefits could suddenly stop without any warning. This uncertainty can cause stress and anxiety for injured workers who rely on these payments to support themselves and their families. In this article, we will discuss whether workers’ compensation can indeed stop paying without notice, and what steps injured workers can take to protect their rights and ensure they continue to receive the benefits they are entitled to.
How Does Workers’ Compensation Work?
Workers’ compensation is a vital safety net for employees who suffer work-related injuries or illnesses, providing financial support and medical benefits to help them recover and return to work. Understanding how workers’ compensation works in New York is essential for both employees and employers to navigate the process effectively. Here’s an overview of how workers’ compensation operates in New York:
1. Coverage Requirements
In New York, most employers are required to carry workers’ compensation insurance to provide benefits to employees who sustain job-related injuries or illnesses. This coverage extends to full-time, part-time, and seasonal employees, as well as certain subcontractors and volunteers.
2. Reporting Requirements
Employees who suffer a work-related injury or illness must promptly report the incident to their employer or supervisor as soon as possible. Failure to report the injury within a specified timeframe could jeopardize their ability to receive workers’ compensation benefits.
3. Filing a Claim
After reporting the injury, the employee or their representative must file a workers’ compensation claim with the New York State Workers’ Compensation Board. This involves completing the necessary paperwork and providing documentation to support the claim, such as medical records, accident reports, and witness statements.
4. Medical Treatment
Workers’ compensation benefits in New York typically cover the cost of medical treatment related to the work-related injury or illness. Employees have the right to choose their treating healthcare provider, but the provider must be authorized by the Workers’ Compensation Board.
5. Disability Benefits
In addition to medical benefits, workers’ compensation provides disability benefits to replace lost wages for employees who are temporarily or permanently unable to work due to a work-related injury or illness. The amount of disability benefits is determined based on the severity of the disability and the employee’s average weekly wage.
6. Vocational Rehabilitation
Workers’ compensation may also include vocational rehabilitation services to help injured or disabled employees return to work or find suitable employment if they are unable to return to their previous job due to their injury or illness.
7. Dispute Resolution
If there is a dispute regarding a workers’ compensation claim, either party may request a hearing before a Workers’ Compensation Law Judge to resolve the issue. The judge will review the evidence presented by both sides and make a decision based on the applicable laws and regulations.
8. Legal Representation
Navigating the workers’ compensation process can be complex, especially if there are disputes or challenges to the claim. Employees and employers alike may benefit from consulting with an experienced workers’ compensation attorney who can provide guidance and advocacy throughout the process.
At Katz Leidman Freund & Herman, we have extensive experience handling workers’ compensation cases in New York, and we are dedicated to protecting the rights of injured workers and ensuring they receive the benefits they deserve. If you have questions about your workers’ compensation claim or need assistance with a dispute, contact us today for a free consultation. Our knowledgeable attorneys are here to help you navigate the workers’ compensation system and pursue the benefits you are entitled to.
Can Workers’ Comp Stop Paying Without Notice?
Workers’ compensation benefits are crucial for injured workers to cover medical expenses and replace lost wages while they recover from a work-related injury or illness. However, there may be instances where workers’ comp payments cease unexpectedly, leaving injured workers in a precarious situation. So, can workers’ comp stop paying without notice?
The short answer is, no, workers’ comp should not stop payments without notice. In New York, workers’ compensation benefits can be terminated or suspended under certain circumstances, but employers and insurance carriers are generally required to provide notice to the injured worker and the New York State Workers’ Compensation Board before discontinuing benefits.
Medical Recovery
Workers’ compensation benefits may stop if the injured worker’s treating physician determines that they have reached maximum medical improvement (MMI) and are capable of returning to work in some capacity. In such cases, the insurance carrier may request an independent medical examination (IME) to assess the worker’s condition and ability to work.
Return to Work
If the injured worker is deemed capable of returning to work, even in a limited capacity or a different role, workers’ compensation benefits may be adjusted or terminated accordingly. However, the worker must be provided with suitable employment that accommodates their restrictions and pays at least the same amount as their pre-injury wages.
Dispute Resolution
In some cases, workers’ compensation benefits may be suspended or terminated due to disputes over the claim, such as disagreements regarding the extent of the injury, the need for ongoing treatment, or the worker’s eligibility for benefits. If benefits are stopped due to a dispute, the injured worker has the right to challenge the decision through the Workers’ Compensation Board’s dispute resolution process.
Failure to Comply
Workers’ compensation benefits may also be stopped if the injured worker fails to comply with the requirements of their claim, such as attending scheduled medical appointments, participating in vocational rehabilitation, or returning to work when medically cleared to do so. However, employers and insurance carriers must provide notice and an opportunity to address any compliance issues before benefits are terminated.
Legal Assistance
If workers’ comp payments stop without notice or justification, injured workers have the right to seek legal assistance from experienced workers’ compensation attorneys like those at Katz Leidman Freund & Herman. An attorney can review the circumstances surrounding the cessation of benefits, advocate for the injured worker’s rights, and take appropriate legal action to reinstate or restore benefits.
At Katz Leidman Freund & Herman, we understand the importance of workers’ compensation benefits for injured workers, and we are committed to protecting their rights throughout the claims process. If your workers’ comp payments have stopped without notice or explanation, don’t hesitate to contact us for a free consultation. We’ll work tirelessly to ensure that you receive the benefits you deserve and that your rights are upheld under New York workers’ compensation law.
How a New York Workers’ Compensation Attorney Can Help
Our New York workers’ compensation lawyers have extensive experience handling complex workers’ compensation cases and can provide valuable assistance in the following ways:
- Our attorneys will review the details of your workers’ comp claim, including medical records, treatment plans, and correspondence with the insurance carrier, to determine why your benefits were stopped.
We will communicate with the insurance carrier and the Workers’ Compensation Board to challenge the decision to stop your benefits and seek a resolution in your favor. - If necessary, our attorneys can file an appeal with the Workers’ Compensation Board to formally challenge the termination of your benefits and present evidence supporting your entitlement to continued benefits.
- In some cases, it may be possible to negotiate a settlement with the insurance carrier that reinstates your benefits and provides you with the compensation you are entitled to.
- If your case requires a hearing before the Workers’ Compensation Board, our attorneys will represent you and present evidence on your behalf to support your claim for continued benefits.
- Our attorneys will help ensure that you are meeting all requirements of your workers’ comp claim to prevent any future issues with benefit payments being stopped without notice. We will work diligently to protect your rights and ensure that you receive the benefits you are entitled to under New York workers’ compensation law.
Don’t wait to take action if your workers’ comp payments have been stopped without notice. Contact Katz Leidman Freund & Herman today for a free consultation with our experienced workers’ compensation attorneys. We will fight for your rights and work towards securing the benefits you deserve. Let us help you navigate the workers’ compensation system and ensure that you are treated fairly throughout the claims process. Call us today to schedule your free consultation.