Q: I haven’t received my workers comp benefits from June 26th-July 11th
I asked my worker’s compensation case manager when will I be compensated. She said your employer advised her that they had work within your restrictions available for you, but you did not return.
Which is not the case and I have proof of my time card and text from my employer.
I came in the day for limited work when they asked. A couple hours in I started feeling some pain and immediately told my employer and asked if they had anything less physical like desk work. He made calls and said go home and rest and I’ll call you tomorrow if I find something available for you.
A: If they sent you home then they should turn your benefits back on. This is a situation that might need to decided by a Workers Comp judge, or it could be sorted out quickly with the adjuster. Either way, you should consider consulting a Workers Comp attorney and find out exactly where you stand and what needs to be done.
A: From your question, it sounds like you were getting a workers' compensation wage-replacement check for period of time. This is because you were out of work due to an on-the-job injury. These weekly checks are called TTD benefits, because you are "temporarily totally disabled". It also sounds like the Adjuster then decided to stop sending you those benefits, and the Adjuster is arguing that light duty work was available. However, it is illegal for the insurer to "turn off" your benefits unless they followed all the steps required by O.C.G.A. 34-9-240. This involves sending the doctor a description of the specific light duty work available, and getting the doctor to sign off on it, then filign a WC-240 form, and sending you a service copy. Unless all these things were done, you are still entitled to benefits, and a good work comp attorney can help you get those.
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