For an injured worker, weekly workers’ compensation benefits are essential for paying the bills and putting food on the table for a family. Not knowing when your weekly check will arrive can put added stress on an injured worker. Unfortunately, there’s a good chance your insurance adjuster won’t pay you on time. And to add insult to injury, in most cases, there’s nothing you can do to force them to pay on time because there is no law saying they have to pay you on the due date.
In the case of self-insured employers, they are often required to periodically send money to the insurance company. In those instances, we’ve heard adjusters use the excuse that they are waiting for money from the employer — but at the end of the day, that’s just an excuse. Ultimately it’s the adjuster’s responsibility to make sure they receive their payments and have the necessary resources to make sure that you are being paid.
By law, workers’ compensation insurance must pay you within 14 days of the date the check is due. If the insurer does not pay you in that time, you may request a 10 percent penalty against the workers’ compensation insurance by filing a motion with the North Carolina Industrial Commission.
While the insurance companies are not required to pay on time, they are required to pay you eventually. If an insurance company is withholding checks from you, or taking more than two weeks to pay you, be sure to contact an experienced attorney. We work with you to make sure that your rights are being protected.