When you’re injured on the job, Workers’ Compensation benefits can provide critical financial support and medical coverage as you recover. However, the process can be complex, and sometimes your employer may file a motion to terminate these benefits. If you find yourself in this situation, understanding your rights and your options is crucial for navigating this challenging ordeal. The Armstrong Law Firm, PLC, in Tulsa, explores your rights and options in this situation.
What Is a Motion to Terminate?
A motion to terminate Workers’ Compensation benefits (CC-Form-13) is typically filed by your employer or their insurance company when they believe that you no longer qualify for benefits. This could be due to several reasons, such as:
- Full Recovery: They may assert that you have fully recovered from your injury and are fit to return to work.
- Permanent Disability Claim: If your condition has stabilized, an employer might argue that any lingering issues do not substantially impair your ability to work.
- Non-Compliance: Failure to attend required medical evaluations or rehabilitation programs can also result in a motion to terminate benefits.
Regardless of the reasoning, it’s essential to understand that you have rights and options.
Steps to Take If a Motion is Filed
What should you do if you receive a notice that your employer has filed a motion to terminate your Workers’ Compensation benefits? The Armstrong Law Firm, PLC, recommends the following:
- Stay Informed: It’s important to understand the specific reasons behind the motion. Read the documents carefully, and note any deadlines for responding.
- Consult with an Attorney: One of our Oklahoma Workers’ Compensation Lawyers in Tulsa can help you understand the legal language in the motion, assess the validity of your employer’s claims, and represent you in hearings if necessary.
- Gather Medical Evidence: If your employer claims you are no longer injured or that you can return to work, obtaining comprehensive medical documentation is essential. This includes:
- Keeping records of all medical appointments and treatments.
- Securing a report from your treating physician that outlines your injury, treatment, and current capacity.
- Prepare for a Hearing: If the motion proceeds to a hearing, you may have the opportunity to present your case. Prepare:
- Testify about your injury and how it affects your ability to work.
- Present evidence and witness statements if applicable.
- Stay Engaged in Your Treatment: Continuously following your treatment plan is crucial. Attend all scheduled appointments and follow your doctor’s advice. Document everything, as it may be beneficial in demonstrating your ongoing need for benefits.
- Understand the Appeals Process: If the ruling from the hearing does not go in your favor, remember that there may be an appeals process available. Your attorney can also assist you with this.
Know Your Rights
Under Oklahoma Workers’ Compensation laws, you have specific rights that protect you as an injured worker. These include:
- The right to receive benefits for a work-related injury.
- The right to appeal decisions that affect your benefits.
- The right to seek second opinions or additional medical evaluations if you disagree with the findings of the employer’s medical doctor.
- If you do not believe you are getting the best care, you can request to change your treating physician one time per claim.
- The right to seek representation and assistance from a qualified attorney.
If you suspect your employer has filed the motion for termination as retaliation against you, this is against the law. If you suspect foul play, you need to contact an experienced Oklahoma Workers’ Compensation Attorney in Tulsa from The Armstrong Law Firm, PLC immediately.
Defend Your Medical Treatment Rights in Oklahoma
Facing a motion to terminate your Workers’ Compensation benefits can be daunting, but you don’t have to navigate the process alone. Your health and recovery are always your top priority, and getting the guidance you need will help you advocate for yourself effectively. If you have questions about your situation or need assistance, you can speak with an experienced Workers’ Compensation attorney at The Armstrong Law Firm, PLC, for FREE. Contact us and request a consultation.