Did Your Workers' Compensation Payments Stop? What You Need to Know

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.