Having the wage replacement checks that you are relying upon stopped by the workers compensation carrier can be a crisis. So what do you do?
The answer depends upon whether you are under an Award Order for wage replacement benefits as issued by the Virginia Workers Compensation Commission. If you are under an Award Order providing you with wage replacement and medical benefits, then if your checks are more than 14 days late you can apply for a 20% penalty for the late payment through the Virginia Workers Compensation Commission. For the insurance carrier to “properly” stop your checks, they would have had to file an Employer’s Application for Hearing with the Commission explaining the basis for stopping the checks (such as a return to work, lack of supporting medical, medical clearing you to return to work, etc.). This Employer’s Application for Hearing allows for your response, and if needed the Commission will schedule a hearing before a judge to determine if the stoppage of wage replacement benefits was warranted.
If you are not under an Award Order, the carrier can stop paying you wage replacement benefits for any reason, or no reason, because there is no court Order saying otherwise. Checks can stop because of a lack of ongoing medical evidence of disability, questions regarding your injury or claim, a lack of a job search if you are partially disabled, surveillance, or essentially any other reason.
If your wage replacement checks are stopped, you should consider reaching out to us to discuss and evaluate your workers’ compensation case with you. There is no charge for our initial consultation, and even after that we don’t get paid until you do because we work on a contingency fee basis.
This article is general information about Virginia workers' compensation and is not legal advice. Every case is different, so please contact us to discuss your individual situation.