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Can the Insurance Company Stop My Workers’ Compensation Checks in Massachusetts?

Chisholm Law LLC

If you receive workers’ compensation benefits in Massachusetts, you might worry about whether the insurance company can stop your checks. The short answer is yes, but only under specific circumstances, and the law gives you important protections.

In Massachusetts, insurance companies cannot simply cut off your weekly benefits without following the rules set forth under the Massachusetts Workers’ Compensation Act, M.G.L. c. 152. Whether they can stop your checks depends largely on how long they have been paying benefits and the reason they want to discontinue them.

During the initial “pay without prejudice” period, which lasts up to 180 days, the insurance company has more flexibility. They can stop or modify your benefits for any reason, as long as they provide you with at least seven days’ written notice. This often comes in the form of a Form 106 (Notice of Termination or Modification of Weekly Compensation). While this may feel abrupt, it is legally permitted within that early window.

After the pay without prejudice period ends, the rules change significantly. The insurance company can no longer stop your checks unilaterally. Instead, they must either reach an agreement with you or file a complaint with the Department of Industrial Accidents (DIA) and obtain a judge’s approval to discontinue or reduce your benefits. Until a judge issues an order allowing them to stop or modify payments, they must continue paying you.

Insurance companies often attempt to stop benefits based on certain common arguments. They may claim that you are capable of returning to work, that your medical condition has improved, or that your disability no longer relates to your work injury. In many cases, these arguments rely on an Independent Medical Examination (IME) performed by a doctor hired by the insurer. However, that opinion does not automatically end your benefits—you have the right to challenge it.

If the insurance company stops your checks, you should act quickly. You can file a claim for reinstatement of benefits with the DIA. Once you file, your case will move through the litigation process, starting with a conciliation, followed by a conference before an administrative judge. At the conference stage, a judge can order the insurer to resume weekly benefits if the evidence supports your claim.

You should also understand that medical evidence plays a critical role in keeping your benefits in place. A clear and current note from your treating physician stating that you remain disabled due to your work injury can make a significant difference. Without that support, the insurer will often argue that you no longer qualify for ongoing benefits.

The bottom line is that while the insurance company can attempt to stop your workers’ compensation checks, they must follow strict legal procedures. More importantly, you have the right to challenge any improper termination and seek to have your benefits reinstated.

If your checks have been stopped or you received notice that they will be, it is important to speak with an experienced Massachusetts workers’ compensation attorney as soon as possible. Taking prompt action can help protect your right to ongoing benefits and ensure that the insurance company follows the law.

At Chisholm Law, we represent injured workers throughout Massachusetts and take immediate action to protect your benefits. We can file a claim, gather the necessary medical evidence, and fight to get your checks reinstated as soon as possible.

Don’t wait. The sooner you act, the stronger your case will be.

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Client Reviews

A Great Lawyer who cares!!!! A 36-year teamster of Local 25 I hire Eric prior to him joining Ketches and Law. Work ending injuries are no fun. After 3 surgeries I settled with my company for a very comfortable...

Kevin Brothers

Very satisfied client! Eric Chisholm, attorney at law has been Phenomenal with my workers compensation case, through the whole procedure Eric has guided me with valuable insight and information. He was always...

Paul

Hands down best guy for the job. Couldn't have done this without Eric. I had actually spoke to a few attorneys before Eric and I didn't feel comfortable with any of them. Eric made me feel comfortable right...

Bob H.

Attorney Chisholm represented me in my workman's compensation case which was settled recently. I was very impressed in which he presented my case with expert knowledge, professionalism, and honest...

Barry

Eric was referred to me by a co worker who was very satisfied with his work. After consulting with Eric i retained him to represent me in my workers comp case. I found him to be knowledgeable as well as...

Joe