Health Care

If my disability checks have been stopped for my workers’ compensation claim, is there a way to have them re-started?

If my disability checks have been stopped for my workers’ compensation claim, is there a way to have them re-started?

megan June 8, 2021

If your employer and workers’ compensation insurance company accepted liability for your injury at work, but your disability checks stopped, the following are options to have the disability checks re-started:

1. Motion to Compel Payment of Benefits.

If there has not been to return to work, Order from the North Carolina Industrial allowing termination for termination of the disability checks or settlement of the workers’ compensation claim, then a Motion to Compel Payment of Benefits filed with the North Carolina Industrial may be an option to have the disability checks re-started.

2. Form 23.

If the disability checks were terminated based on a return to work or Order from the North Carolina Industrial Commission allowing termination of the disability checks, but your authorized treating physician has now issued a work note removing you from all work, a Form 23 filed with the North Carolina Industrial Commission may be an option to have the disability checks re-started. If there is evidence of an out of work note issued by the authorized treating physician offered as part of the filings for the Form 23, this may allow for an Order from the North Carolina Industrial Commission for the disability checks to be re-started.

3. Hearing Request.

If the disability checks were terminated based on a return to work or Order from the North Carolina Industrial Commission allowing termination of the disability checks, but your authorized treating physician has now issued work restrictions that do not allow your ongoing work or your employer is not offering work within your work restrictions, then a hearing request filed with the North Carolina Industrial Commission may be an option to have the disability checks re-started. A hearing involves a formal trial before the North Carolina Industrial Commission addressing the entitlement to disability checks. If there is medical evidence presented as part of the formal trial that your work restrictions prevent your ongoing work or if there is medical evidence presented as part of the formal trial that your employer is not offering work within your assigned work restrictions, this may allow for an Order from the North Carolina Industrial Commission for the disability checks to be re-started.

If there has not been to return to work, Order from the North Carolina Industrial allowing termination for termination of the disability checks or settlement of the workers’ compensation claim, it is best to speak with a North Carolina State Bar Board Certified Workers’ Compensation Attorney about your options to have the disability checks restarted.

If the disability checks were terminated based on a return to work or Order from the North Carolina Industrial Commission allowing termination of the disability checks, but your authorized treating physician has now issued a work note removing you from all work, it is best to speak with a North Carolina State Bar Board Certified Workers’ Compensation Attorney about your options to have the disability checks restarted.

If the disability checks were terminated based on a return to work or Order from the North Carolina Industrial Commission allowing termination of the disability checks, but your authorized treating physician has now issued work restrictions that do not allow your ongoing work or your employer is not offering work within your work restrictions, it is best to speak with a North Carolina State Bar Board Certified Workers’ Compensation Attorney about your options to have the disability checks restarted.

Should you have questions about the above noted issues or need the assistance of an attorney in order to address the above noted issues, please feel free to contact one of the 4 North Carolina State Bar Board Certified Workers’ Compensation Attorneys at Cardinal Law Partners for a free consultation at (833) 444-4257.