If you have been injured on the job, or have contracted a work related illness, then contact a workers’ compensation
attorney to discuss the specifics of your case and to review your options. The attorneys at Bellotti Law Group, P.C. have over 30 years of experience in workers’ compensation cases, and our attorneys will work tirelessly to get you the compensation you deserve.
After receiving workers’ compensation, the workers compensation insurer will send you Form 105
to sign as soon as possible. However, signing this agreement negatively affects your workers’ compensation case. Form 105 allows an insurance company to legally stop your payments and force you to fight the insurance company in court. Form 105 is an agreement to extend the 180 day payment without prejudice period. During the first 180 days of workers’ compensation payments, insurance companies can stop payments to injured employees without the approval of the Department of Industrial Accidents (DIA).
Additionally, insurance companies do not need the consent of the employee in order to stop benefits. This period of time (the first 180 days of disability payments) is called the pay without prejudice period. Payments made by the insurer in the first 180 days are made without prejudice, which means the company is not admitting responsibility for your injury with these payments. As long as you are given a 7 days notice of the termination of your benefits, the insurance company can legally stop your payments. In this case, contact a workers’ compensation employee immediately.
After the Pay Without Prejudice Period
After 180 days have passed, the Workers’ Compensation Act no longer allows an insurer to stop benefits at any time. Insurance companies can no longer stop the benefits on their own. The payments can only stop if a judge at the DIA orders the termination of the benefits, if the employee agreed to the termination of the benefits in writing, if the employee returned to work and did not lose wages, if the insurer has a medical report from the physician that shows the employee is capable of returning to work, if the employee has used up the maximum period of benefits or similar reasons. After 180 days of the payment, insurance companies can’t stop the compensation on their own.
In the event that the injured worker is incarcerated, their benefits can be discontinued at any time. Injured workers that don’t submit the required examination by the insurer’s chosen physician or they don’t provide the required earning reports, their benefits may be discontinued. If an injured workers’ weekly payments are discontinued, it is important for you to know that the insurance company is still responsible to cover the costs of your medical bills. If the treatment is considered necessary, and if the treatment is related to a workplace injury or illness, workers can still receive payments for their medical expenses.
If an injured worker is considered to be permanently and totally disabled
, social security payments do not affect your right to workers’ compensation. If an injured worker is over the age of 65, receiving benefits for a temporary total disability
, and have been receiving payments for 2 to 3 years, they may be able to continue receiving benefits beyond the age of 65. In this case, it is vital to contact an experienced workers’ compensation attorney at Bellotti Law Group, P.C. Our attorneys will help prove to the Industrial Accident Board that payments should be continued. Call 617-225-2100 for a free consultation today.
The workers’ compensation lawyers at Bellotti Law Group, P.C. will explain your rights and choices after you’ve been injured on the job. We will explain the benefits of workers' compensation, third party liability claim options, and time limits of a workplace injury. The attorneys prioritize their clients’ needs above all else, and will work tirelessly to protect your rights in the event of a workplace injury or illness. Call 617-225-2100 for a free consultation