Can Your Employer Stop Your Temporary Total Benefits?

           You’ve been hurt on the job and are unable to work. You’ve been receiving compensation for missing work, 2/3’s of your average weekly wage. Now your employer’s insurance company has stopped payment of temporary total or partial compensation benefits. What are the laws behind stopping compensation benefits and can the carrier do so even if you are not unable to return to work?

            Temporary Total benefits may legally be suspended when your doctor reports you are able to return to work in some capacity and the employer provides work within the restrictions set by your doctor and pays you at your pre-injury wage rate. They may also suspend benefits if you return to work for another employer.  If the suspension occurs during the first 150 days of your receiving temporary total benefits, the carrier can stop the benefits on its own, even if you disagree with the decision.  After the 150 day mark, you must either agree in writing that the benefits can be legally stopped or the carrier must receive an Order from the Workers’ Compensation Commission.

            If you are seriously injured on the job and are having difficulty receiving the benefits you deserve, you may need a worker’s compensation attorney. Myrtle Beach attorney Dirk Derrick has over 25 years experience in worker’s compensation claims in the Myrtle Beach and Conway areas. For your free consultation, please call Dirk Derrick at The Derrick Law Firm, 843-248-7486.

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