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Ask NOT LEGAL ADVICE! Your Own Question
Category: Employment Law
Satisfied Customers: 2201
Experience:  Information provided is for entertainment puposes only and is NOT legal advice.
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My workers comp check is four days late I was told I would ...

Customer Question

My workers comp check is four days late I was told I would receive 10% of the check for each day it was late is this true?
Submitted: 8 years ago.
Category: Employment Law
Expert:  NOT LEGAL ADVICE! replied 8 years ago.

Hello and welcome to Just Answer.

Is this a new claim?


Customer: replied 8 years ago.
Yes it is and this would be my first check. I was injured at work and had surgery.
Expert:  NOT LEGAL ADVICE! replied 8 years ago.

Sometimes payments are delayed. If the claims administrator can't determine whether your injury is covered by workers' compensation or whether TD benefits must be paid, he or she may delay your first TD payment while investigating. A delay is usually not longer than 90 days. If there is a delay, the claims administrator must send you a delay letter. It must explain:

-Why you won't receive payments within the first 14 days
-What information the claims administrator needs in order to decide if you are eligible for TD benefits
-When a decision will be made.
-If there are further delays, the claims administrator must send you additional delay letters.

The claims administrator must pay you an additional 10% of the payment, if the claims administrator sends a payment late and you filed a claim form for your injury more than 14 days before the payment was due.

This is true even if there was a reasonable excuse for the delay. However, there's no penalty if the claims administrator can't determine, in the first 14 days after your employer learned about your injury, whether TD benefits must be paid and sends you a delay letter as explained above. You could be awarded a total of 25% of each late payment, up to $10,000, if there was no reasonable excuse for the delay.

Let me know if you would like more information.

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Disclaimer: Any information given by me is for informational use only and is not legal advice. This is general information and is not intended to be specifically tailored to an individual. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites. Persons accessing this response are encouraged to seek legal counsel in their jurisdiction for accurate guidance regarding their individual circumstances.

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Customer: replied 8 years ago.
Thank you the only response i recieved was the check was maild to me two days before it was due to me and it still has not got here.

thanks XXXXX
Expert:  NOT LEGAL ADVICE! replied 8 years ago.

At this point, you may consider contacting the claims administrator. If no delay letter was provided and there is no reasonable cause for the delay, you may consider seeking penalties for the delay.


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