Can my workman's comp benefits resume after I have tried to work a sit down job to accomodate my injury with a different employr

Asked about 1 year ago - Lakeland, FL

I got a job with a different employer to accomodate my work injury from my previous employer because my previous employer could not accomodate the injury. It is not working out, so can my cash benefits resume after trying to work another job to accomodate my injury? I can not have a stand up job so I took this one and it is not working with my injury. Before this, the insurance company stopped by payments with no reason and no letter at all so I had to find a job to accomodate my injury to keep income coming in. I feel this is unfair practices. what are my rights?

Attorney answers (5)

  1. Kenneth Brian Schwartz

    Contributor Level 15

    5

    Lawyers agree

    Answered . You might be able to get the carrier to reinstate the benefits; but, you will most likely get some resistance first. You might even need to have an attorney take the issue to trial for you. So, it would be wise to apply to as many jobs as you can find that are within your assigned medical restrictions, and (this is critical...) keep good notes of your job search efforts. I recommend getting a notebook and keeping one job lead per page. If you saw a newspaper ad for the job, cut it out and tape it to the page. Write down who and when you called, who you talked to, whether it was in person or just by phone, whether they called you back, etc. Keep business cards and ask for copies of the applications you submitted. If it was all internet based, print out the job posting and whatever you sent in to the company. In short, the more you can show that you tried (but failed) to find appropriate work, the better your chances of getting the benefits back. Also, if you do find work, keep detailed records of the hours you worked and the wages. Don't throw anything out! Good luck.

  2. Brian Patrick Carter

    Contributor Level 7

    4

    Lawyers agree

    Answered . You are entitled to lost wages as long as you can demonstrate that your lost wages are causally related to your work injuries and restrictions. If the insurance company stopped payment before, they are unlikely to resume them now that you have had a different job. You should consult with an attorney to advise you of your rights and options.

  3. Robert David Shapiro

    Contributor Level 15

    2

    Lawyers agree

    Answered . Get the best WC lawyer ASAP! You are in danger of losing the value of your claim.
    Robert Shapiro
    305-373-1099
    Advocate1@comcast.net

    The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual... more
  4. Jeffrey Marc Friedman

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . The short answer is yes, you can have your lost wage benefits reinstated. However, this depends on the facts of your case. Has the doctor placed you at maximum medical improvement? Why did you stop working your new job? Why did the insurance company stop your benefits to begin with? There are many factors involved in evaluating cases such as yours. You should really contact a qualified workers' compensation attorney in your area to discuss your case in detail.

  5. John M Connell

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    1

    Answered . You may need to speak to a workers compensation attorney in your area if they are unwilling to reinstate payments. Generally, in most states, if the doctor takes you back off work then they will do this. The fact that you actually returned to work should be a good thing but the insurance companies will generally fight reinstatement of benefits if they think they can. There are many good Fla. attys here who you might be able to speak with about your particular circumstances because a lot will depend on what the status of your medical treatment was at the time you returned to the job.

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