Workers’ compensation claims and injuries do not exist in
a vacuum; they affect real people who often have real problems
outside of their work injury. Often, claims professionals are
called upon to interpret what an incarceration or conviction means
to a claimant who is or could be receiving workers’
compensation benefits. Although the interplay between the
workers’ compensation system and the criminal system is
complicated, remembering a few general rules can help you make the
right decisions.
Innocent Until Proven Guilty
If a workers’ compensation claimant is incarcerated while
receiving TTD or TPD benefits, it seems like immediate unilateral
suspension should be an option. What could be a clearer change in
condition than a person’s removal from the work force due to
jail time? However, it is useful to bear in mind that in the United
States, parties are considered to be innocent of crimes until
proven guilty, and the reality is it can take a very long time
