You collected WC benefits for several months, then tried to go back to work. After a week you had to leave work due to the injury; You notified the insurance company. Do they have to resume your benefits? Under the worker' compensation law, §8 (2)(c), in cases where
Liability has been established, if you return to work for less than 28 calendar days, and are forced to leave work again due to your injury, the insurer must resume payments to you. However, you are required to report your renewed disability to the insurer, in writing, within 21 calendar days of going back out. The insurer must resume these payments within 14 calendar days of receiving notice from you. If, however,
Liability has not been established, then the insurer would not be required to reinstate benefits. In that instance, you would need to file an Employee Claim - Form 110. [See form 110 in our download section]