If you were injured on the job and are thinking about filing for workers’ compensation, you may be worried about the time constraints. How long do you have to heal? The benefits provided by workers’ comp can end for many reasons; while sometimes these benefits can be resumed, other times the benefits might have ended and cannot be resumed. The benefits will be dependent on your situation.
For example, sometimes workers’ comp benefits can end by your own actions or by the actions of a third party. If you enter into a settlement agreement called Compromise and Release, for example, you might have terminated your benefits by agreeing to a lump sum payment or structure settlements. However, some Compromise and Release settlements provide for open medical care.
In other cases, a physician, the insurance company, or the determination of a workers’ comp appeals board might determine the end of your benefits. A doctor can find you are no longer totally temporarily disabled and benefits can be cut off; likewise, a doctor can find that you have no permanent disability and permanent disability can be cut off.
In another situation, an insurance company can terminate your benefits for any number of reasons, such as failure to receive documentation or because they claim your treating doctor has not submitted proper paperwork. Additionally, a Workers’ Compensation Appeals Board can suspend benefits for failing to attend evaluation or as part of a court decision called Findings and Award.
The Labor Cod Code itself could also limit your benefits. For injuries on or after April 19, 2004, total temporary disability benefits are limited to 104 weeks in some circumstances, while in others it might be 240 weeks. Once the limits have been reached, benefits will be terminated.
If you’re worried about how much time you have to recover from your injury, don’t hesitate to talk to one of our skilled Orange County workers’ compensation attorneys. Humphrey & Associates is dedicated to helping workers harmed on the job seek compensation for their injuries. Let us see what we can do for you.
Contact us at (844) 612-5800 or fill out our online form to schedule your free case consultation today.