What can shut down your Colorado work injury wage loss benefits? To get wage loss benefits in Colorado, you must have an admitted Workers’ Compensation claim, be treating, and not yet at MMI. Also, you must have restrictions that prevent you from doing the job you did when you got injured.
What can shut down your Colorado work injury wage loss benefits?
Ways in which wage loss benefits can get shut off
There are four ways. Number 1: The doctor releases you to regular duty. The doctor has to actually give you a release to regular duty, which means the doctor puts down no restrictions. The insurance company will stop paying you lost wages from the date the doctor releases you to regular duty.
It has to be in writing, it can’t just be the doctor calling, if the doctor didn’t give it to you in writing it’s not valid.
Number 2: The doctor places you at MMI and gives you an impairment rating that the insurance company accepts and admits to. If the carrier doesn’t want to admit to that impairment rating, they have to keep paying you lost wage benefits.
Number 3: You go back to modified light-duty work for regular wages. If your employer can accommodate you with your restrictions and you work the same hours and receive the same pay, you won’t get lost wage benefits.
Number 4: Your employer offers you work within the restrictions and you refuse to show up. If the employer tells you in writing they’re offering you a job, it’s been reviewed by the doctor, and you need to show up within a number of days, but don’t show up after getting that formal job offer typically by registered mail, then the insurance company can file an admission and shut off the benefits.
If you don’t get a job offer in writing by certified mail, and your employer just told you verbally about the job offer and you don’t show up, they can still shut off your benefits but they have to go to court, or they have to file a petition to suspend benefits, and they will have to eventually fight to shut off those wage loss benefits.
Can wage loss benefits be restarted?
If your wage loss benefits are terminated, there are many options for an attorney to get them restarted. For example, we can switch physicians and the new physician gives you restrictions, or we can fight MMI and get a doctor chosen by the state of Colorado who says you’re not at MMI and you need more care, or if you’re not at full wages and you’re earning less we can get you wage loss benefits for that.
We’re here to help
The cases can get very complicated and fact-dependent, so if you or your loved ones have been injured on the job in Colorado, we can help you. Call or text us at 970-356-98-98, all of our consultations are free and confidential.
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