Where is my Workers Comp check?
Injured workers often wonder how long it takes before they get their workers comp check from the insurance company. If you have an accepted claim and are off work completely, your checks should come in the same increments as when you were working. If you got paid every two weeks before, you should get your workers comp check every two weeks after you are injured.
Delays can happen if your adjuster does not have updated work restrictions from your medical doctor or if you fall off “auto-pay” or their automated payment system. Then your workers comp attorney will have to call the adjuster to find out what caused the problem and get your check issued.
Discontinued Workers Comp Benefits
There are other situations that can occur that can cause your checks to be discontinued. If the Insurer has a “reasonable basis” for discontinuing your checks, they will issue a Notice of Intention to Discontinue Benefits. They have to list the reason for their discontinuance on the form.
Common reasons for discontinuance are that the injured worker does not have work restrictions, or that the injured worker has returned to work, or that their doctors are saying they do not need work restrictions. If you receive a Notice of Intention to Discontinue and you are still on work restrictions and working at less than full wages, you should contact a workers comp attorney.
The workers comp attorney can then request a .239 conference, which is a conference to discuss your wage discontinuance. If the Judge finds that you were discontinued improperly, then your workers comp benefits will be reinstated and the Insurer has 14 days from the date of the Judge’s Order to mail out your workers comp check.
Denied Workers Comp Benefits
If you have been denied workers comp benefits or a hearing is requested, it can take longer to get your benefits paid. If your claim is denied, you will likely not receive payment until your case is decided in your favor by a workers compensation judge or you settle your case. If you go to hearing, the Judge normally has 60 days to make his or her decision. Then the Insurer has 14 days to pay following the decision of the compensation judge.
Workers Compensation Settlement Checks
If you are offered a workers compensation settlement, the time from settlement to receipt of your check can vary depending on a variety of factors. The things that you can do to speed up this process are to:
- Tell your workers comp attorney about all of your medical providers or insurance companies who might have paid bills related to the injury.
- Give your workers comp attorney all of your medical bills and explanation of benefit statements from your insurance companies.
If your workers comp attorney knows about all of the possible providers and insurance companies in advance of settlement, it will help to move the process along. If the workers comp attorney does not know about providers before settlement, then it will take at least 60 days to give the providers and insurers time to file their motions for intervention.
The Workers Compensation Settlement Process
When all of this information is received, the settlement paperwork can be completed. Your workers comp attorney will receive a copy and review it to make sure the terms comply with the previously agreed upon terms of settlement. Your workers comp attorney will then send it to you for your review and signature. You will need your workers comp attorney to explain the paperwork to you before you sign.
Once the settlement paperwork is completed and approved, the other providers who filed Motions to Intervene need to be dealt with. All parties to the proceeding, including the Employee, the Insurer and all of the Intervenors need to sign off on the settlement paperwork.
This process can take various lengths of time depending on how many providers are involved and how long they take to respond to the attorneys. Once this part is done, the Stipulation for Settlement (or the settlement paperwork) can be filed with the court.
Once the Stipulation for Settlement is filed with the Court, the Judge will review the paperwork and make sure that there are no issues with it. If there are no issues, then the Judge will issue an Award. The Award will be mailed to all of the parties. The Insurer then has 14 days from the date the Award is served to issue your check.
Why You Need A Workers Compensation Lawyer
As you can see, workers comp claims can be complicated. Our Workers Compensation Lawyers are here to explain your legal options and help you get the benefits you’re entitled to, both now and in the future. If you were injured at work, call us today for free, no-obligation advice and answers to your questions.
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