Suspension of Workers' Compensation Benefits
Posted by
Robin MartinekSeptember 20, 2007 4:37 PMOftentimes, injured employees do not fully understand what repercussions they face if they do not cooperate with the workers' compensation carrier or their employer. Without an experience workers' compensation attorney to assist them, they often end up in situations where they find their benefits cut off or temporarily suspended.
The most common method employers and carriers use to terminate employee compensation payments is by a Form 24. While a Form 24 is designed to be used to terminate benefits when an employee returns to work with the same or different employer, under N.C. Gen. Stat. § 97-18.1, it is also used to terminate benefits where the employee failed to cooperate with treatment or rehabilitation efforts, failed to cooperate with vocational rehabilitation, or failed to accept suitable employment.
Where treatment is offered to lessen the period of disability or provide relief and the employee refuses to cooperate with the treatment, the employer and carrier can seek an order from the Industrial Commission to compel or force the employee to comply. If the employee violates the order by continuing to refuse to comply, the Industrial Commission can suspend compensation benefits until the employee begins cooperating with the ordered treatment.
The same can be said for vocational rehabilitation efforts. The right to terminate compensation until an employee ceases to refuse to cooperate with vocational rehabilitation efforts derives from and is based on the right to terminate benefits for refusal to accept medical treatment under N.C. Gen. Stat. § 97-25, because vocational rehabilitation treatment is provided to lessen the period of disability.
The third method to suspend compensation is by offering suitable employment that the employee refuses to accept. This one does not require a separate order compelling compliance but can instead be granted directly by the Industrial Commission, where it is shown that the employment was suitable and the refusal voluntary.
In all three of these situations, the Industrial Commission may only temporarily suspend benefits until the employee's refusal ceases, but many employers or carriers are not eager to renew benefit payments once they have been able to get them suspended and will force employees to jump through hoops to reestablish those benefits.
In the end, it is better to consult an attorney and be aware of your rights and obligations, before they are turned against you and place you at a disadvantage when dealing with the employer and carrier.
For more information on this subject matter, please refer to the section on Workers Compensation.