Q: Workers Comp withholding lost wage checks
Hello I have a question about worker's comp not paying out checks. My workers comp owes me a decent amount of checks in lost wages totaling several thousands of dollars. A few checks are from the first few months after my work related accident occurred and the last few checks are current as they have not paid me in months. They have admitted that I am entitled to the lost wage payment during all these periods and have acknowledged they owe me money, but will not send any out. The checks from the beginning of the incident are going to be approaching a year without being received while the others, at least the beginning of the current ones that have yet to be sent, are months overdue. My question is, is there any way I can get them to send the checks, and is there a penalty for the insurance company if they do not send them? I do have an attorney, but they habitually dodge the question anytime I ask them this, so I was seeing if anyone here could please provide help.
A: Yes, if you are owed past due indemnity benefits (TTD/TPD/IB/PTD), then the insurance company would have to pay penalties and interest on any late payments. If you are owed past due indemnity benefits and not getting paid, then first a request must be sent in writing to the insurance company requesting they pay the benefits. This is referred to as a good faith attempt to resolve the issue. Then, within a reasonable time period, if they have not resolved the issue, then the only other option is to file a Petition for Benefits with DOAH and a Judge of Compensation Claims will be assigned to your case. Best wishes!
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