How Do I Sue For Continuation Of My Work Related Disability Benefits?

Work-related disability benefits are typically called workman’s compensation, or worker’s compensation, and refer to money that is paid to an employee for time they miss due to an injury sustained while at work. If you are getting disability benefits as a result of a work injury and your payments stop, it is important to understand your options.

Workers Comp and Disability

Worker’s comp goes into effect when, according to state laws, an employer obtains a worker’s compensation insurance policy, and that policy pays for an injured worker’s expenses, including:

• Medical expenses
• Lost income
• Rehab expenses
• Even death benefits

If an employer purchases such a policy, they protect themselves from most lawsuits that could be filed when an employee is injured on the job. 

When Can an Employee Sue?

If your employer has worker’s comp, and the comp benefits have been applied to your injury, there is rarely cause for a lawsuit, particularly for more minor injuries that are adequately addressed through the worker’s comp system.   

However, employees should consult with an attorney and consider suing in the following instances:

• An employer intentionally harmed an employee while on the job
• An employer was supposed to have worker’s comp coverage for employees, but did not
• If an employee is refused benefits that he is entitled to receive
• If an employee is told that s/he must come back to work before s/he is able to do so, medically
• If an employee is denied longer or permanent disability benefits despite suffering a severe and long-lasting injury

Suing for a Continuation of Benefits

If you fall into the latter two categories – if you are being forced to go back to work or if you are being denied permanent disability benefits – you might contact an attorney to explore your legal rights. 

In situations like this, employees often are not as familiar with worker’s compensation laws, putting them at a significant disadvantage in negotiating with employers, who are familiar with such statutes. 

Furthermore, in some cases your employer may demand that you see one of their physicians to determine if your benefits can be continued, and that physician may say that you are fit to return to work immediately or do not need extended benefits.  If you do not feel you are ready to return to work, you may need to contact an attorney.  These hired physicians’ interests lie with the employer, and therefore you may not be getting an accurate or fair assessment of your needs.   

You also may be pressured to return to work too quickly, only to find that after a brief period your position is eliminated and you are no longer eligible for disability benefits. 

Getting Help

An attorney can help you determine your rights and capacity to sue in any situation where you are illegally being denied benefits. He can explain the administrative process of dealing with the workers comp board that you may have to go through before actually filing a lawsuit, and can help you take any steps available to protect your rights.