The workers’ compensation system in Virginia is fairly simple on paper. If you had filed a claim and have received an Award, you have won the battle – well, almost. However, there could be more to this. Your workers’ compensation benefits are paid by the insurance company, and if they find a legitimate reason, they could (or try to) stop your benefits. Ensure that you talk to an experienced workers’ compensation lawyer Virginia Beach soon after the accident to find more. In this post, we are sharing some of the common ways that could be used to terminate the benefits.
Hiring a private investigator
If your doctor has put a few restrictions on the work you can do after your injury, you should not do more. In some cases, the insurance company may hire a private investigator to keep an eye on the injured worker. If you are found to be lying about facts or doing things that violate the restrictions set by your attorney, your benefits could be terminated.
When you refuse to do light-duty work
Keep your doctor’s work restrictions in mind, the employer may ask you to do light duty at work, and you are expected to do all that. If you fail to keep up or refuse to do the assigned duty, your workers’ compensation benefits could be terminated. The employer may inform the insurance company about that.
The Independent Medical Exam
It is not uncommon for insurance companies to get an “Independent Medical Exam (IME)” done. The insurance company will select a doctor to check your medical history and current reports and report their findings. You must attend this exam, and if you fail to do so, the insurance company can cut your wage loss benefits. If an IMR is needed, talk to an attorney because if the doctor reports anything that’s not in sync with your doctor’s report, the insurance company may use that information to stop the injured worker’s benefits.
Also, if you quit your job in between, the insurance company doesn’t have to pay you wage loss benefits. The insurance company may also send you for a Functional Capacity Exam (or FCE), where the examiner will check your movements and ask you to do a few things. If you refuse to cooperate, the insurance company could possibly stop your workers’ compensation benefits. Talk to an attorney to understand things that you must do to avoid such circumstances.