In my NC workers’ comp law office we spend a lot of time answering the question: “Why is my NC workers’ comp check late?” Sometimes I think we spend half our time tracking down late, missing or improperly dated NC workers’ comp disability checks for our injured clients. Although in some cases, the NC workers’ comp check comes like clockwork for years.
Injured workers who sustain a loss in wage earning capacity may be eligible for wage replacement or disability benefits. These payment should be based on an accurate calculation of the injured workers’ average weekly wage.
Occasionally we discover that “slow-walking” a NC workers’ comp check is a tactic by insurance companies simply to frustrate injured workers and to encourage them to settle their NC workers comp case. But most of the time is is simply neglect or even incompetence. Many workers’ compensation insurance companies use computer programs to automatically send out weekly temporary total disability (TTD) payments. Often, the workers’ compensation adjuster will simply fail to update the system with a new “pay through” date. Late and missing checks seem to be worse around holidays as people up and down the chain are out of work.
The consequences of a missed or delayed NC workers’ comp check can be significant for the injured worker. A late NC workers’ comp check can lead to late payment fees and overdraft fees. Stress and anxiety increase as the injured workers bills go unpaid.
If a payment is more than fourteen days late, the North Carolina Industrial Commission can impose a 10% penalty on the payment. If checks are routinely late a NC workers’ comp lawyer can file a motion to force the workers’ comp insurance company to make regular payments. Sometimes arranging for checks to be sent monthly instead of weekly can help address late NC workers’ comp checks.
If you or a loved one has questions about a late NC workers’ comp check please feel free to call or email for your free consultation with a Board Certified Expert in NC Workers’ Compensation Law. Kevin is an experience NC workers’ comp attorney in the Raleigh, NC area.