What You Should Know About a Modification of Your Workers Compensation Benefits

The important thing to know in such cases is that what the insurance company suggests is generally not in your best interest.

Your workers’ compensation benefits are generally calculated based on how much you were earning at the time of the accident. As your recovery progresses, you will likely be able to return to work at some point. However, in many cases, the worker is no longer fully capable of performing the exact work duties as before. 

What happens then?

Your Employer Generally Must Accommodate Your New Limitations

Worker’s compensation law acknowledges the multiple layers a work injury might take. Sometimes, recovery isn’t straightforward and you might go through different processes before reaching maximum recovery limit. However, your right to return to work is protected. 

If you have suffered a disability after the accident, your employer might be required to offer you a working position which takes less effort or can accommodate your new limitations. In most cases, the new job you get when returning to work will be paid less than the one you had before. 

What your employer does further is to demand the modification of the paid benefits you are receiving, so that they fit your new salary. 

Another scenario is when you fully recover, or when your new position is equally or better paid than the one you had before. Your employer can then request the suspension of your workers’ comp benefits.

What If You Can’t Work for the Same Company Anymore?

The truth is, not all employees have the possibility of creating a new job position for you or to modify your existing one. Sometimes, your work-related injury will be incompatible with the entire line of work you were active in. 

In order to get back to work, an Independent Medical Exam (IME) might be required by the insurance company. You cannot refuse to go to the check-up, but what you can do is keep calm and try to describe your injuries the best you can, without undermining or exaggerating them. 

If your old position is no longer fit for you, a vocational expert might come and evaluate you. They will try to find out what kinds of jobs you can take with the new disability, and where to look for them. 

Why Speak With an Attorney?

It’s best to contact an experienced St. Louis workers compensation lawyer because losing benefits partially or entirely might leave you uncovered in case you need extra medical care. 

A lawyer should be aware of the situation and check if the conditions invoked by your employer or their insurance company are valid. They can then guide you towards a more fit position, a different employer or even staying at home more until you reach the maximum recovery limit.

The important thing to know in such cases is that what the insurance company suggests is generally not in your best interest. It is usually to protect their interests and avoid a high payout. Protect your rights by speaking with an experienced St. Louis work injury lawyer as soon as possible after a work accident.