DEPARTMENT OF INDUSTRIAL ACCIDENTS FORM 106
INSURER’S NOTIFICATION OF TERMINATION OR MODIFCATION OF BENEFITS DURING THE PAY WITHOUT PREJUDICE PERIOD
CAN A WORKERS’ COMPENSATION INSURANCE COMPANY STOP PAYING BENEFITS WITHOUT GOING TO COURT OR OBTAINING YOUR CONSENT?
Yes, if the following are true:
1. The workers’ compensation insurance company began paying you benefits within 14 days of being notified of your injury by your employer;
2. If the notice of termination or modification is sent during the pay without prejudice period.
The initial pay without prejudice period is 180 days from the date you begin receiving disability payments. However, many workers are tricked into signing what is called a Form 105 which will extend this period to 1 year. Please click here for critical information on the PWOP Form 105 and what to do if you receive one.
IF THE NOTICE IS SENT BEYOND THE 180/365 DAY PAY WITHOUT PREJUDICE PERIOD THEN AN INSURANCE COMPANY MUST GO TO COURT TO TRY AND STOP OR REDUCE YOUR BENEFITS.
3. The workers’ compensation insurance company must give you 7 days notice by mail of a termination or modification of your benefits. This notice can by regular mail but many times is sent certified.
WHY DOES THE FORM SAY THAT I WASN’T INJURED OR THAT I AM NOT DISABLED?
During the pay without prejudice period an insurance company is allowed to challenge whether your injury occurred at work or whether you are disabled even though they were paying you benefits.
WHAT CAN I DO IF I RECEIVE A FORM 106
1. Understand you have a right to fight with the insurance company about whether you are entitled to further benefit payments. Just because an insurance company has denied you does not mean it is right.
2. CONTACT A WORKERS’ COMPENSATION ATTORNEY AS SOON AS POSSIBLE. THE MORE TIME YOU WAIT THE LONGER YOU WILL BE WITHOUT BENEFITS.
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