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What to Do When Workers’ Compensation Benefits Are Stopped

An employer may become reluctant to continue payments for medical treatment for an injured employee.

workers-compensation-benefits-stoppedWorkers’ compensation benefits provide medical care to an injured employee. Because of the rising cost of insurance premiums to the employer, there are times when an employer is reluctant to continue payments to one of their injured employees.

At The Law Office of James M. Hoffmann we advocate for employees in these circumstances and helps them appeal a claims that have been denied by the employer. Contact us today if your benefits have been stopped yet you are still in pain or unable to work as a result.

Missouri Workers’ Compensation Appeals Process

While the routine filing of a workers’ compensation claim can usually be handled by the employee, an appeal needs additional help. This is much like a civil court trial, where witnesses are called to attest to your medical condition and provide evidence to show whether or not you have indeed met maximum medical improvement (MMI). An experienced workers’ compensation attorney is necessary to ensure that you have the right types of medical experts and that your rights are being protected.

Case Study – Complications From an Infection

An employee of the city of St. Louis suffered a leg injury while using heavy machinery during the course of his normal work assignments. He was treated for the injury, but complications from infection arose, causing further damage to the nerves in the leg. The injury was severe in nature but his benefits were ceased, and he was required to return to work, which was impossible due to his condition.

The workers’ compensation board accepted the case for appeal, where evidence was presented both by medical and vocational experts. Both attested that the employee was in no condition to return to work and still required medical care. Finding that the subsequent infection was in direct relation to the initial injury, the board re-instated the workers’ compensation benefits and declared that he had a permanent total disability, which entitled him to payment from the employer for life. The employer was also required to pay for all ongoing medical care needed as a result of the accident. Combined, the total amount of benefits the St. Louis employee received was over $700,000.

When Your Workers’ Compensation Benefits are Cut Off Unexpectedly

The law is clear when it says that an employee is entitled to be treated until a physician finds that they have reached MMI. The trouble is, many of these doctor’s interests lie first with the insurance company, who are anxious for your treatment to cease. If you are not comfortable with the diagnosis or feel you are being forced to return to work too soon, contact our Missouri workers’ compensation attorney immediately. Not only will we ensure that you follow the right protocol in obtaining a second opinion, we will advocate for you to receive the benefits that are due to you by law.

The Law Office of James M. Hoffmann

(314) 361-4300

Updated: June 2, 2015