When you suffer an injury while on the
job, the last thing you should have to worry about is receiving a
prompt payment from your employer's workers' compensation insurance.
Ideally, you should receive a payment each week from the insurer
while you are unable to work. However, a time may occur when the
payment ends, leaving you in a serious financial situation.
Any number of reasons exists for why a
payment may suddenly stop. If you are in this situation, the
following information may be helpful.
Why Would a Payment Suddenly Stop?
In the state of North Carolina, a
workers' compensation insurer will accept your disability and
determine you have a compensable claim once you have provided the
necessary proof and they approve the documentation. Once approved,
you should receive weekly payments in the correct amount, typically
based on your wages.
The checks are to arrive on time each
week. If the checks suddenly stop, a number of reasons could exist
for why this has happened. For example, if you go back to work, you
will no longer receive a payment from workers' compensation. If your
doctor deems you are no longer disabled or no longer have work
restrictions, your payments will often end.
Also, you could have a missed payment
due to computer issues or a mistake by the insurance adjuster. No
matter the reason the insurer provides, a workers' compensation
insurer cannot simply stop paying you unless they file a Form 28 or
Form 28T. The Industrial Commission can also order the payments to
end based on your individual circumstances.
What Can You Do If Payments Stop?
If your payment from the workers'
compensation insurer is late or does not arrive, you need to find out
why. In North Carolina, an insurer who stops payments without the
required documentation or action from the Industrial Commission is
subject to sanctions.
The first thing you should do is
contact your workers' compensation attorney. They will file a Form
23, or Application to Reinstate Payment of Disability Compensation.
While this form may appear straightforward, any mistake can mean a
permanent end to your workers' compensation benefits, so be sure to
allow your attorney to handle this for you.
The application will require supporting
documents. The full application packet will be served to the insurer
and the employer in some cases. The employer and insurer have a
limited time to respond to the application. If they provide no
response, the Industrial Commission may automatically reinstate your
payments if your application is correctly filed.
What Happens if the Payments Are
Still Missed?
If the Industrial Commission denies
your Form 23 to reinstate your workers' compensation benefits, your
next step is to ask for a formal hearing on the matter. The difficult
part about this process is you may have to wait many months before
you receive a decision. This means you can go for a long period with
no payment.
Should you find that your Form 23 is
denied, you have a limited time to contact your workers' compensation
attorney due to strict filing deadlines.
If your workers' compensation payments
have stopped and you are unsure why or if you suspect a mistake
happened on the part of the insurer, you need to take action as
quickly as possible to reinstate your payments.
For any questions or concerns about
your workers' compensation claim, please contact us at The
Law Offices of James B. Gillespie, Jr., PLLC
. We will make every
effort to help you with your payments if you are injured on the job
in the state of North Carolina. Schedule your consultation today.
