Atlanta Personal Injury Lawyer Blog

What do I do if the workers' compensation adjuster stops my worker's compensation checks?
This issue normally arises at some point for every Georgia worker's compensation claimant. The adjusters often are "trigger happy" to stop your income benefits (payments for lost wages) as soon as possible. The problem is that often the adjuster stops the worker's compensation checks pre-maturely, without just cause, or without following the required procedure. This is where having an experienced worker's compensation attorney can make "all the difference". Attorney Richard Griffin of The Griffin Law Firm, P.C. has stepped in and quickly been able to get income benefits started again (re-commenced) for hundreds and hundreds of workers who were injured on-the-job in Georgia.

What steps can a good worker's compensation lawyer take to get the income benefits started again?
(1) Request A Hearing: Most injured workers should not request a hearing on their own without the representation of a worker's compensation attorney because they will not know how to properly litigate their case. However, a hearing request is an invaluable tool since it takes the issue away from the adjuster or their attorney and let's a workers' compensation judge rule on the issue.

(2) Claimant's One Free Change Of Physician: The claimant is allowed to make one free change of physician from one panel doctor (doctor listed on the Employer's Posted Panel of Physicians) to another panel doctor. [O.C.G.A. Section 34-9-201(b)(1)] An experienced worker's compensation lawyer can be very, very helpful in selecting the best doctor available from the Employer's Posted Panel Of Physicians.

(3) Claimant's Independent Medical Examination (IME): If the claimant has a compensable injury and has received income benefits within the last 120 days, then he or she may be entitled to a one time independent medical examination with a doctor of their choice [O.C.G.A. Section 34-9-202(e)]. The selection of which doctor is best suited for this Independent Medical Examination is critical because this may be the only way an injured worker can get his income benefits re-started or have the evidence needed for a successful change of physician motion. Attorney Richard Griffin has had a great deal of success in motions for changes of physician with the authorized treating physician is no longer offering medical treatment or when the IME doctor has a better treatment plan.

(4) Convince The Adjuster To Re-Commence the Income Benefits: Many times adjusters simply choose to not follow the procedures required before suspending the income benefits. If the adjuster fails to follow these steps, then often good worker's compensation attorneys can convince the adjuster to re-commence the income benefits voluntarily. If the income benefits were wrongly suspended, then seasoned worker's compensation lawyers will seek assessed attorney's fees and penalties to discourage the adjuster from taking advantage of the injured worker in this manner.

What are examples of when an adjuster wrongly suspends income benefits?
(1) The Workers' Compensation Act requires that the adjuster file a WC-2 and that the Claimant receive 10 days notice of the up coming suspension of income benefits. The income benefits can only be stopped if this procedure is followed and if there is medical evidence that the injured worker can and should return to work. This often involves a release to regular duty work, but can also involve a release to light duty work restrictions.

(2) Worker's Compensation Act requires that the worker's compensation adjuster get light duty job offers approved by the authorized treating physician, that a WC-240 form is properly filed, and that the claimant is given 10 days notice of the date to attempt a light duty return to work. There are many, many issues surrounding a "240 light duty return to work". Many times Attorney Richard Griffin has been able to have the WC-240 denied for the Employer/Insurer's failure to follow the required procedures. Other times the light duty job actually offered was not consistent with the light duty work restrictions provided. Sometimes the job offered is not even the same job that the authorized treating physician had signed off on as a part of the WC-240 light duty return to work. If you have been returned to light duty work, then you will likely have a lot of questions about your rights and what you should do if you simply cannot do the light duty job being offered. Calling 866-847-6545 for a free consultation can really help answer a lot of these important questions.

What should an injured worker do if they receive a notice that their income benefits will be suspended or stopped?
You should hire an experienced worker's compensation lawyer as soon as possible. This is the only way to know your rights and to hold the adjuster's feet to the fire so they will continue to authorize and pay for your medical treatment and continue to pay your weekly income benefits (temporary total disability or temporary partial disability) timely and for the correct amount. It costs nothing for a free consultation for your injury claim, but the information you receive could make all the difference in your case.