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Although a workers’ comp case can provide medical and financial benefits if you suffer an injury on the job, there may come a time when you no longer require the benefits and just want to return to work. In this situation, or for other reasons, you may want to withdraw you workers’ comp claim. The procedure varies by state and depends on what stage your case is in.
Send a written letter to the insurance claim adjuster and your employer to inform them you want to withdraw your claim. If a claim has been filed with the court, inquire as to whether the adjuster will file the required court documents or if you need to. You don't have to provide a reason for wanting to withdraw your claim.
Wait 30 days for a response to your letter. If there's no response, prepare a “motion for a request for dismissal." Certain states' workers' compensation websites may have a request for dismissal form online that you can use. If not, send the request as a letter or prepare it in a motion form by following the sample provided on the Forms Workflow website. Make copies of the request.
Prepare a proof of service. Instruct a person over 18 years old who's not part of your case to sign the proof of service and mail the original document to the court. Send a copy to all other interested parties in your case, such as the insurance company, employer and doctors.
Wait 30 days for a response from the court. A hearing date may be set. This allows the judge to determine if the withdrawal is voluntary.
Appear at the hearing date. Explain to the judge the reason you no longer want to continue your workers’ compensation case and ask for an order withdrawing your case or dismissing the proceedings.
Seek the advice of an attorney in your state for legal advice.
- Seek the advice of an attorney in your state for legal advice.
Angelique de la Morreaux began writing articles for various websites in 2010. Her focus is in the legal, small business, beauty, holiday, culture, food, drinks and automotive categories. Morreaux holds a Bachelor of Arts in social sciences from San Diego State University.