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 stress an injured worker. Unfortunately, there's a good chance your workers compensation adjuster does not pay on time. And to add insult to the work-related 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.
Ultimately it's the adjuster's responsibility to ensure they receive their payments and have the necessary resources to ensure you are being paid.
By law, workers' compensation insurance must pay you within 14 days of the check's due date. 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 withholds checks from you or takes more than two weeks to pay you, contact an experienced attorney. We work with you to make sure that your rights are protected.
Workers Comp Adjusters Can Be Very Slow To Respond
The first thing that comes to mind when someone mentions workers' compensation is that they will get paid. That's what we all want, right? We want our money to pay bills or buy groceries as soon as possible. But not everyone gets their money on time. Some adjusters take months to even respond to claims. If you don't hear from them within 30 days of filing your claim, you should contact an attorney immediately.
If Your Claim Has Been Denied or Stopped By An Insurance Company, You May Need Legal Representation
When you file a claim, there is usually a form that you need to fill out. You may be entitled to legal representation if the insurance company denies this form. You would need legal representation because the insurance company will try to deny your claim based on something that was written down incorrectly or wasn't filled out correctly. It could also be that the insurance company did not give you enough information about how they would handle your case. If you receive a denial letter, you should call an attorney immediately. You may be able to appeal the decision, but may want the assistance of an experienced workers' compensation lawyer.
Your Legal Rights as an Injured Employee
When workers' compensation adjusters fail to pay you on time, there are legal rights you should be aware of.
If your injury was due to negligence, your employer might be liable for damages. And if your injury was due to intentional misconduct, your employer may be liable for punitive damages.
But wait, there's more! If your injury was due to gross negligence, your employer might still be liable for compensatory damages. Gross negligence means that your employer knew or should have known that his actions were dangerous and likely to cause harm.
The bottom line is this: if your workers' compensation adjuster fails to pay you on time or pays you too little, you have legal recourse.