Weekly workers compensation checks are one of the primary benefits provided by Georgia’s workers compensation law. You can receive these checks for several different reasons:
Each of these different types of workers compensation checks has their own rules. Under Georgia law, the insurance company may have to pay them to you in certain situations.
But, the law also allows them to stop your checks when certain things happen. Sometimes, the insurance company follows the law when they stop your checks. Other times, they break the rules. This article will provide some information about times when the insurance company can stop your checks and times when they cannot.
Should I receive some kind of notification when my check stops?
Yes. The insurance company should send you a form notifying you that your check has stopped. This form is called a Form WC-2. The insurance company should file this form to notify you when your checks start or stop.
When you receive the form WC-2, you should be able to identify why the insurance company stopped your check. Section C of the Form WC-2 is entitled “Suspension of Benefits”. It includes a number of different reasons why the insurance company might stop your check.
Some of the reasons that your check could be stopped include the following:
What if my check stops and I do not receive a WC-2?
Sometimes, the insurance company stops paying you a check without a valid reason. They may just stop it or forget to pay it.
If that happens, then you or your attorney probably need to contact the insurance company. The insurance company should not stop your check without a valid reason.
The insurance company should restart your check once they realize that they do not have a valid reason to stop it. If they refuse to restart your check when they should be paying you, then you may have to either file a motion or request a hearing with a workers compensation judge. If you can prove in court that they weren’t entitled to stop your check, then you’ll probably get your check restarted, and you’ll probably get some late penalties as well.
Can I fight the reason the insurance company stops my check?
Yes. There are at least three different ways that you can fight the reason that the insurance company stops your workers compensation check.
The insurance company did not file a Form WC-2
The first way is when the insurance company does not file the Form WC-2 when they stop your check. In this situation, they have not followed the procedures established by Georgia’s workers compensation law. You or your attorney can file a motion or request a hearing to try to get your check restarted.
The insurance company files a Form WC-2 but does not follow State Board rules
The second way you can fight the insurance company stopping your check is when the reason that the insurance company alleges on the Form WC-2 is not correct. An example is when a doctor releases you to return to full duty work without restrictions. There are certain rules the insurance company has to follow when stopping your check.
They have to give you appropriate advance notice that your check is going to stop. They have to send you a copy of the full duty release from your authorized treating physician. If they do not follow these rules, you or your attornye should be able to get your check restarted.
You disagree with the reason given on the Form WC-2
Sometimes, insurance companies follow the rules. They send a Form WC-2 and meet all the other requirements of the Georgia State Board of Workers’ Compensation.
In this situation, you can still fight your check being stopped in many instances if you disagree with the reason that led to your check being stopped. Let’s discuss an example:
Suppose you are still having pain and difficult from a back injury at work. But, the workers compensation doctor still says you can go back to full duty work without restrictions. In this situation, the insurance company might file a Form WC-2 and stop your weekly checks.
You have a right to fight the doctor’s opinion that you can go back to full duty work. If the insurance company follows all the rules, you may have to go to court. But, you or your attorney could present evidence in court to prove that you still have restrictions from your work injury.
What if I have other questions about workers compensation?
Georgia’s workers compensation system can be very confusing. You have to worry about getting the treatment you need and paying your bills while also worrying about not missing any deadlines that could cause you to lose your right to receive workers compensation benefits.
If you have questions, I would recommend that you try to get answers. To find out more about how to schedule a time to talk to me about your workers compensation questions, just read this short article.
Jason Perkins is an attorney who specializes in representing injured workers. He regularly publishes videos and write blog articles about Georgia’s workers compensation system and issues that are important to injured workers and their families.
To be notified of Jason’s new workers compensation videos, subscribe to his Georgia Workers Compensation Video Series channel on YouTube by clicking the subscribe button below.
It took me probably too long to finally get a lawyer when my work comp claim started and I had no idea what I should do. I read reviews and upon recommendation of several people started the process of getting a lawyer. I am fortunate and lucky to have come across Perkins Studdard. Jason and his team has taken care of me since the moment I first called them and made sure any and all questions I had were answered as well as working hard to get me my settlement so I can continue receiving treatment. If you're looking for a good law firm to represent you in your worker's compensation case I would highly highly recommend this one.Autumn Fields
I highly recommend Perkins Law Firm. Throughout the whole process Perkins team kept me updated and explained everything very well. I am very pleased with their work. You will not be disappointed!!trina flornce
Mr. Perkins and team...Tina* they have all been so awesome. Always available to talk to me with any concerns. Kept me informed on my case all the way. Greatly appreciated!Missy Cherry
Amazing! Jason and his team were very helpful and had the best communication by far. Walked me though every step with great detail and had answers for any question I had. They handled my case better then I could imagine, it was a weird case and they stayed on top of it and kept me updated every step of the way! Highly recommend this Team! Thanks so much to Jason and his Awesome team!
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This law firm is very good at what it does the staff and the lawyer's that were involved with my case all were very perfesional and curious I couldn't ask for a better law firm I want to thank everyone for a great job thanks Les RyanLeslie Ryan
I absolutely love this group of attorneys, when I was at my lowest they did everything they could to help me get justice for my injury. I believe if I were to have never picked my phone up and called the amazing group that helped me I definitely would not have received my idea of rights. If you have an issue and are just not sure please understand that they will help you, stay in contact, answer any question you have, and for sure get you the justice you deserve I thank them from the bottom of my heart and I will definitely refer them to anyone who has been hurt because they most definitely care about their work and clients.China Jones
The entire law office was attentive and responsive to all of my concerns dealing with my workers compensation case.Luv Locs
If you must get a lawyer involved, you’d do well to work with Jason Perkins and his team at Perkins Studdard Law.
They were thorough in gathering information and in sharing all the steps in the workers comp process specific to my case. Jason and the team were responsive to my bevy of questions and concerns.
I appreciated the informative videos and consultations provided by Jason over video meetings and multiple phone calls.
I hope I’m never injured on the job again. However, if I am and if my employer responds as my previous employer did, I’ll contact Perkins Studdard Law immediately to handle the case.moombi
Everyone at Perkins Studdard was kind and professional. They were always extremely responsive and answered all questions that I had and followed up to make sure I had an understanding of what was going on along with emailing videos to explain every step of my case so I would know what to expect and be prepared. Jason is a very genuine person and I trusted him with my case. He answered so many questions for me even before I retained him as my WC lawyer. I highly recommend him and his associates at Perkins Studdard.Dana Bess
Great staff and very knowlegable. They treat you like family and work hard to get you what you need. Highly recommended.Josh Carter
Navigating Georgia’s workers’ compensation system can be a daunting task, leaving you with numerous questions and uncertainties. If you find yourself in this situation, we strongly encourage you to seek clarification and find the answers you need. Perkins Studdard is here to help you through this process and provide the support you deserve.