When you are involved in a work-related accident, you will, in most cases, seek medical treatment from an authorized medical physician. The physician will then allow you to return to work and only perform light duties. This means you cannot handle all the tasks you could handle when you were healthy, but you can manage some lighter tasks. However, before you return to work, you will need to file a light-duty release form. Here’s everything you need to know about WC-104.
What Is A WC-104 Form?
A WC-104 form is filed by an employer or insurance company to reduce your financial benefits from temporary total disability to temporary partial disability. This form comes with a medical record showing that the employee should perform light duty.
Your Employer Has a Limited Window to File the WC-104 Form
The law requires your employer to file the WC-104 form within 60 days of the claimant’s clearance of light-duty. This is why it is imperative to check the dates on the WC-104 form against the date when the physician cleared you for light duties at work once you receive the form from your employer.
If you receive the form 60 days after clearance by the authorized physician, it could be invalid. In this case, it is best to contact an experienced legal practitioner such as Gearhart Law Group to help you understand how the process works.
It is worth noting that the release should come from your employer’s authorized physician. If it comes from a referral physician, it may not be sufficient. Engaging your lawyer is the best way to handle such cases for a smooth process.
WC-104 Won’t Affect Your Benefits Immediately
It is worth noting that WC-104 does not affect your benefits right away. Your benefits will remain the same for a while. Filing of the form is the first stage of your workers’ compensation transition.
Your worker’s compensation carrier paying your benefits isn’t permitted to reduce your compensation benefits. This only happens after one year once you are released on light duty.
After one year, your benefits might be shifted from temporary total disability to temporary partial disability. The benefits depend on the month, and year you got injured.
Reducing your worker’s benefits can affect your lifestyle, making it hard to survive financially. Experienced attorneys such as Gearhart Law Group can help you prevent the insurance company from taking advantage of the situation.
Contact a Workers’ Compensation Lawyer Today
If you suffer work-related injuries and do not understand the legal processes of the WC-104 form, it is ideal to engage an experienced lawyer such as Gearhart Law Group to handle your case. Schedule a free consultation with us and let us answer all your related questions.
Frequently Asked Questions
Does filling the WC-104 form mean I’ll be back to work?
Filing a WC-104 form doesn’t necessarily mean you’ll report back to work immediately. Your employer can file the form even if there are no light duties that you can do.
Who is eligible for the WC?
Anyone who has suffered work-related injuries and accepted a worker’s insurance claim is eligible for the worker’s care program.
What injuries does worker’s compensation cover?
Worker’s compensation covers severe spinal code injuries, brain injuries, and occupational diseases.