Asked in Workers' Compensation for South Carolina

Q: I was hurt on the job. Had to have surgery and was receiving workers comp checks. Now all of sudden I didn't receive it.

I tore my rotator cuff on the job. Was put on light duty for a year before I had to have surgery. When I went for surgery the doctor didn't repair the tear but shaved my bone. I am still out of work and was receiving workers comp checks. But now I didn't receive a check for the week. Is it possible that a check can be delivered every 2 weeks even though I was getting it weekly? My case is not closed nor settled so I have no idea why my checks were stopped

Related Topics:
1 Lawyer Answer
Ilene Stacey King
Ilene Stacey King
  • Workers' Compensation Lawyer
  • Licensed in South Carolina

A: It is very unlikely your checks have been stopped. After 150 days from a reported injury, the insurance company is not permitted to stop your check unless you agree on a written form (Form 17) or they get permission from the Workers' Compensation Commission at a hearing which they have to request and you get notice of. It sounds like you are only missing this week's check. Most likely, it is simply late, for a variety of possible reasons. That happens. It is also possible that technically it is not late at all based on the actual pay period covered in the previous check. Sometimes, checks are mailed before or in the middle of the covered period. People get used to getting their check on a certain day and think of that as when it owed, but payment is not actually owed until after the covered period; they may actually be getting it early. If the insurance company decides to change paying early, or change issue dates for some reason, it will seem like a check is missing, but, if you check the pay dates - not the date issued, mailed or received, but the dates covered - you will likely see that there are no dates missing. This can be confusing and is easier to explain when looking at the check stubs and a calendar. So, if you are only missing this week's check, first, take a look at the pay stubs and check the pay dates. Second, give it a few more days. If it still doesn't arrive, you (or your attorney) will need to contact the adjuster to be sure the check was issued. Every now and then, a check does get lost in the mail, but most insurance companies have a policy that they will not stop pay and reissue the check until 10 days have passed. If you have an attorney, your attorney should be able to explain all of this to you. It sounds like you had a pretty serious injury so I do hope you have an attorney. If not, you should consider a consultation to determine if you would benefit from representation. I hope this answer has been helpful.

1 user found this answer helpful

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.