Naples, FL asked in Workers' Compensation for Florida

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.

Related Topics:
1 Lawyer Answer
Anna Katherine Stone
Anna Katherine Stone
  • Workers' Compensation Lawyer
  • Tampa, FL
  • Licensed in Florida

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!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.