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What to Do If Workers’ Comp Benefits Run out Sooner than Expected

  • Published: February 10, 2021

It is fairly common for an injured worker’s benefits to run out before they expect it. There are several reasons why this can happen, and even though it may be devastating, there are some things that you should do if your workers’ compensation benefits have run out before medical treatment has been completed.

One of the most challenging aspects of being hurt on the job is the loss of income, which forces many injured employees to rely on workers’ compensation benefits to substitute regular pay. Many workers are left wondering how long they can expect to receive those benefits and, if the benefits run out sooner than anticipated, what their options are moving forward.

How Long Does Workers’ Compensation Last in California?

The very nature of workers’ compensation is that it is temporary financial compensation awarded for the benefit of an injured employee’s recovery. In essence, the financial aspect of the compensation is not meant to sustain an individual’s total recovery but is ideally used for immediate concerns, such as medical bills, diagnostics, or loss of earnings.

For this reason, it is important to note that any workers’ compensation claim is going to have an expiration date attached to it. Once your employer’s insurance company believes that you are fit to return to work after an accident, they will no longer supply you with a stipend. In the State of California, most claims expire after 104 weeks, or two years.

What Types of Injuries Are Eligible for Workers’ Compensation in California?

Employees who work at a busy restaurant in Beverly Hills may have a different set of circumstances that would lead to a workers’ compensation case than a forklift driver in San Diego. Regardless of the situation in which an employee is injured while at work, they are entitled to fair financial compensation from their employer’s insurance company. Common injuries that are viewed as eligible for workers’ compensation include:

  • Illness or harm caused by inhaling toxic or chemical substances
  • Cuts or lacerations sustained after using poorly maintained machinery or equipment
  • A head injury from being struck by falling materials or hardware
  • Burns experienced in sensitive areas, including the hands and face

Workers in California are no strangers to dealing with bureaucratic red tape surrounding their employer’s insurance, which may cause some to refrain from seeking out legal counsel for their injuries. No matter how severe the damage, an injured worker should always make an effort to protect their rights and benefits.

Why Are Workers’ Compensation Benefits Cut Early?

Depending on the circumstances surrounding the accident and the extent of the damage, there are a variety of different reasons that benefits may be cut earlier than anticipated, which can include any of the following:

  • Medical professionals have deemed that no further improvement is possible, or that an individual has reached the maximum level of recovery
  • Doctors have signed off on an individual’s ability to return to work full time
  • An employer’s insurance company determines that the injury they are compensating for was not sustained while at work
  • An employer’s insurance hires a medical professional to determine that an individual has recovered from the injury they received while on the job

Any of these events can occur after an employee has begun receiving financial compensation as a result of a work-related injury, but filing a complaint regarding these issues with the Workers’ Compensation Commission can contest the insurance company’s decision.

Get the Best Results for Your California Workers’ Compensation Case

Any individual who has been injured on the job knows just how difficult it can be to ensure that the benefits they receive from workers’ compensation are adequate and can substantially help them recover from the weight of medical bills and debt that accrued after the accident. In order to ensure that their rights are being upheld, victims should contact an attorney who has experience in California workers’ compensation cases.

The team of expert attorneys at KCNS Law Group has worked with clients for years to obtain the best possible results for their workers’ compensation claims, and they can help you do the same. When you’re ready to move forward with your case, call (818) 937-9255 or reach out online to schedule a free consultation with a knowledgeable workers’ compensation attorney.

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