Reasons You’d Have to Pay Back Your Workers’ Comp Benefits

A man in a neck brace and a woman reviewing paperwork.

Are you worried about having to repay your workers’ compensation benefits in Kentucky? Our experienced workers’ compensation lawyers can prepare your claim and work to prevent mistakes that might lead to repayment demands. If you face a dispute or repayment request, our attorneys can also defend your interests and protect your benefits.

When Could a Claimant Be Required to Repay Workers’ Compensation Benefits?

Here are some examples of potential situations where you might be asked to repay workers’ compensation benefits you already received:

  • Receiving an overpayment by mistake – Sometimes, your employer’s insurance company might accidentally send you more than you should get under your workers’ comp claim. If that happens, the insurer can take action to recover the overpaid amount. You could have to repay any funds mistakenly given to you beyond your approved benefit amount.
  • Returning to work too soon – If you start working again after your work-related injury but continue to receive workers’ compensation benefits, you might have to give some of the money back. You must inform the insurance company immediately when you return to work, even part-time, because receiving wages while still getting full benefits could count as double payment.
  • Winning a lawsuit for the same injury – If your work injury resulted from a non-employer third party’s actions, and you sued them successfully, the workers’ compensation insurance provider could take back some of your benefits. That is because you are not allowed to recover double compensation for the same injury under Kentucky workers’ compensation law.
  • Fraudulent or false claims – If the Kentucky Workers’ Compensation Board finds that you deliberately exaggerated or lied about your injury to get benefits, the state could demand repayment. Making false statements or providing incorrect medical details to collect more benefits can result in legal trouble, including having to repay any funds you received.
  • Social Security Disability benefits overlap – The Social Security Administration sets limits on how much money you can receive from workers’ compensation and Social Security Disability Insurance (SSDI) at the same time. If your combined benefits exceed the allowable limit, your SSDI benefits could be reduced to account for the excess you’ve received from workers’ compensation.

How Our Lawyers Can Help You Maximize Your Workers’ Compensation Benefits

At Morgan, Collins, Yeast & Salyer, our lawyers help injured workers in Kentucky seek the maximum benefits allowable under workers’ compensation law. When you come to us for help, we can carefully review your case and ensure all your injuries are documented correctly. We can also handle claim paperwork and gather evidence to reduce the risk of mistakes that could jeopardize your benefits. We can deal directly with the workers’ compensation insurance carrier for you and fight attempts to limit your payments. If your workers’ comp claim is wrongly denied or undervalued, we can represent you in appeals. With our guidance, you have a better chance of receiving the full financial support you need during your recovery.

Talk to an Experienced Kentucky Workers’ Compensation Attorney Now

If you have questions about your workers’ compensation benefits in Kentucky, Morgan, Collins, Yeast & Salyer is here to help. Contact us today to get started with your free initial consultation with an experienced workers’ compensation attorney at our law firm.

About the Author

He’s a member of the Kentucky Justice Association and the Kentucky Bar Association. He’s also a proud member of the Twin Branch United Methodist Church.