Workers' Comp Pay Without Prejudice


Hello.  My name is Peter Moran and I'm one of the lawyers here at Pellegrini,Seeley, Ryan & Blakesley.  I specialize in the area of workers' compensation law and I'd like to take a moment  to talk to you about the concept of the Pay Without Prejudice. Many times when an injured worker begins receiving weekly workers' compensation benefits he or she believes that there are no further issues involved or problems in the future.  In fact, when the insurance company begins making payments of workers' compensation benefits, for the first 180 days from the first date of disability, those payments are being made on a without prejudice basis.  

What does that mean?  That means that under the law, the insurance company can terminate or modify downward those benefits with a seven-day notice for any reason.  Your remedy at that point is for our office to file on your behalf a claim for a resumption of those benefits.  For that reason we need you to come see us as soon as possible so that we can prepare your case and get you the compensation you deserve.  One more thing.  Many times an insurance company will send you for very early in the case a form which asks for you to extend the 180 day period during which they can pay without prejudice for an additional half a year.  That is called a Form 105.  Whether or not you sign that document is a very important decision in  your case which needs to be made with the advice of counsel.  Again, please contact us as soon as possible so that the lawyers at Pellegrini, Seeley, Ryan & Blakesley can protect your rights.  

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