How can my benefits be terminated?
An employer can lawfully terminate Workers’ Compensation awards basing on the current medical status or employee’s misconduct that is unrelated to the claim. The employer does not require approval to do so from the Louisiana Office of Workers’ Compensation. We again stress the importance of having your own lawyer if in case this happens. If it already happened, give us a call at 504-838-8883. We will help you negotiate with your employer to reinstate the benefits that you enjoy.
You can file a claim to the Louisiana Office of Workers’ Compensation and show medical evidence. While as mentioned above that employers are not required to obtain approval of Louisiana Office of Workers’ Compensation before they can terminate your benefits, termination due to lack of physical examination by the doctor chosen by your employer is not allowed without judicial approval. You cannot be denied of your entitlements simply because you missed a medical appointment.
Legitimate reasons why your employer can terminate your benefits would include refusal to undergo treatment. You must make every effort to get better so you can return to work. If there is a good reason to have you undergo medical examination again because there is showing that you already recovered, you must comply. Also, those convicted of crimes are disqualified from receiving Workers’ Compensation benefits.
What should I do if my benefits are terminated?
Again, call us at 504-838-8883.
You may have a few options like negotiation with your employer on the reinstatement of your benefits, requesting for an Independent Medical Examination (IME), filing a claim to the Office of Workers’ Compensation, returning to work in a restricted capacity, and more. It will really depend on the circumstances of your case. Of course, we will have to find out why your benefits are terminated at first and we need to think of the solution that addresses this reason.
You should receive a copy of your employer’s petition to end benefits. This requires judicial approval. Until there is judicial declaration, you should continue receiving your benefits.
All employees should know that even if the employer has the right to terminate benefits without the prior approval of the Louisiana Office of Workers’ Compensation, there must be a judicial approval secured by the insurance company of your employer.
Hire a lawyer because it is his or her expertise to assess the situation and uphold your interest. An average person usually does not have the professional skill to protect himself in court. At Workers’ Compensation LLC, our lawyers have been protecting the rights of employees for more than two decades now. Everyday, we are fighting in courts to give workers the rights they deserve.