Harrisburg Late Checks Lawyer
If your workers’ compensation benefits come late, your employer’s insurance carrier may owe you additional compensation in penalties and interest, on top of what they owed you in the first place. While a late payment of just a day or two is technically against the rules, you most likely need to show a pattern of late payments in order to bring the matter before a judge; one or two late checks by a handful of days each is probably not enough. But for those who are struggling with workers’ compensation checks that arrive weeks late regularly, and are still owed compensation from past dates, an attorney may be necessary in order for payment to finally happen on time. Our Harrisburg late checks lawyers at Ira H. Weinstock, P.C. can help.
How Long Before I Start Getting My Workers’ Compensation Checks?
Your employer’s workers’ compensation insurance carrier is required to either accept or deny a work injury claim within 21 days. According to Pennsylvania’s Department of Labor and Industry, compliance with the 21-day rule is measured from the disability date or the date that the employer was notified, whichever occurred later. Once a workers’ compensation claim is accepted, payment must immediately begin, starting on the date you would normally receive your wages.
How Frequently Should I Be Receiving My Workers’ Compensation?
Pennsylvania Insurance Department states that workers’ compensation payments should be made to an injured employee with the same frequency as their normal paycheck. This means that an employee who is paid bi-monthly should be receiving their workers’ compensation checks bi-monthly as well. If the injured employee was on a schedule of being paid every Friday, they should also expect the workers’ compensation payment to be every Friday.
What Happens If My Workers’ Compensation Payment is Late?
Even though it is required, workers’ compensation carriers do not always pay on the same frequency or timeline as an employer has been paying an employee for regular work, despite all wage checks being due on or before the date when an employee would typically receive their wages. When a check is late, the insurance carrier may be required to pay the following penalties and interest:
- Up to an additional 50 percent of the amount due in penalties; and
- 10 percent interest per annum.
For example, $20,000 in compensation that was due 12 months ago could become worth $22,000 due to the 10 percent interest rate. On top of that, a judge could order an additional fine (for the insurance carrier) of $10,000 (half of $20,000) to bring the total (including 10 percent interest) to $32,000.
Contact a Pennsylvania Workers’ Compensation Lawyer if Your Check is Late
If your workers’ compensation checks are routinely late, and you are owed thousands in late payments, it is in your best interest to speak with an attorney about the steps necessary to ensure your rights as a workers’ compensation recipient. Call our Harrisburg workers’ compensation attorneys at Ira H. Weinstock, P.C. today at 717-238-1657 to schedule a free consultation.