Short answer: no. Missing one or two appointments does not automatically end your Indiana workers' compensation benefits. Under Indiana Code Section 22-3-3-4, a carrier may suspend benefits only when an employee refuses medical treatment, and only after serving a written warning on a form prescribed by the Indiana Worker's Compensation Board. The suspension lasts only as long as the refusal continues.
Can workers' comp stop my benefits for missing one appointment?
Workers' comp carriers seem to think that if a worker misses an appointment, like therapy or a doctor's appointment, benefits can be suspended. They use the threat of suspension incorrectly and to scare workers into thinking that one or two missed appointments brings an end to their benefits. The carriers fail to recognize the law.
What does Indiana law actually say?
Indiana Code Section 22-3-3-4 says:
"The refusal of the employee to accept an offer of medical treatment shall bar the employee from all compensation otherwise payable during the period of the refusal, and the employee's right to prosecute any proceeding shall be suspended and abated until the employee's refusal ceases. The employee must be served with a notice setting forth the consequences of the refusal under this section. The notice must be in a form prescribed by the Worker's Compensation Board."
What notice does the insurance carrier have to give me?
What this law tells us is the following:
- The employee must refuse to accept medical treatment.
- If the employee has a pattern of failing to attend appointments, the insurance carrier must serve the employee with a notice setting forth the consequences of the refusal. In other words, the employee must get a written warning letter.
- The written warning letter must be on a form published by the Indiana Worker's Compensation Board.
- Finally, this statute says that the suspension only lasts until the employee's refusal stops. This means that once you say you're sorry and you will go to the next appointment, the statute seems to say that your benefit should restart.
What should I do if my benefits were suspended improperly?
If an insurance company misapplies the statute, let one of our attorneys know. The attorneys at Klezmer Maudlin will fight for your rights and attempt to ensure that your benefits are not suspended improperly.