You have learned that employer filed an application to terminate or suspend your workers’ compensation payments here in North Carolina, and you’re understandably concerned.
What’s happening?
Your employer could be trying to stop your benefits for any number of reasons. However, they have to get permission from the North Carolina Industrial Commission first.
Some of the reasons an employer may give for trying to terminate or suspend your workers’ comp benefits could include the following:
- You were released to return to work but have refused to do so.
- You returned to light-duty work but have since been terminated for some kind of misconduct or other rule violation.
- You won’t comply with your medical treatment.
- You won’t use any vocational rehabilitation services.
- Your employer believes you are malingering.
- You have demonstrated a capacity to return to work even though you haven’t officially been released to do so.
In general, employers and their insurers will try to suspend or terminate benefits for any reason they think they can justify because it helps their bottom line.
What can you do about it?
You do have the right to object to the termination or suspension of your benefits — but you need to act quickly. You only have 14 days from the date the notice is filed with the Commission (although you may be afforded some amount of reasonable additional time if the Commission deems it to be appropriate).
It’s wise to have an experienced attorney on your side to help you. Don’t let your employer or their insurance company take away your benefits without a fight.
