As a partner handling workers' compensation claims, I often hear from injured workers whose weekly check is late, missing, or denied outright. So what can be done about a late or missing check — and how does a hurt employee avoid losing out on these weekly "indemnity" benefits?
It helps to understand each kind of benefit, why it's paid, and the tricks insurance companies use to cut them off — so you're aware from the moment you first report a work accident. Let's cover each category of check and the rules that apply.
Temporary Total Disability (TTD)
These are the most common checks. TTD is paid when you are either (1) totally unable to work, or (2) your employer won't offer work within the light-duty restrictions your doctor assigned. If your TTD check normally arrives on a set day and hasn't shown up, the cause is usually one of these:
- Still in the mail. The biggest culprit — especially with recent postal delays. If it normally comes Tuesday and hasn't arrived, wait a day or two. As long as it was issued on time, there's no late fee. If it's still missing after a few days, alert your attorney and ask for a status update.
- Never issued. There are only a few reasons the insurer wouldn't issue your check. Ask your attorney why, and what your avenues of redress are. A capable attorney can usually straighten this out in a couple of days — assuming it's a mistake and your case hasn't been denied.
- Issued late. Good news, it's on the way; bad news, the rent is due. When a check isn't issued on time, you're entitled to a 15% late fee, based on when the check was actually mailed (postmarked).
- Issued but never arrived. You remain entitled to the check, but you may have to wait for it to be cancelled and reissued — first make sure it was actually sent.
Temporary Partial Disability (TPD)
The second most common weekly check in Georgia. TPD is paid when you're back at work earning less than before your injury (or after you've been on light-duty restrictions long enough that the insurer files a certain form and your pay rate drops). The reasons a TPD check runs late — and your ability to fix it — are similar to TTD. There are a few different ways to calculate TPD, so pay close attention to how yours is figured, or you could be short-changed and owed a late fee.
Permanent Partial Disability (PPD)
PPD benefits are typically due a few months after you've returned to work or reached the end of TTD/TPD payments. This is an area where employers and insurers save enormous money simply by not issuing checks when they're due — and many claimants don't even know they're owed them. It hits hardest for the "good worker" who never hired an attorney. If you were in a work accident and received significant medical care, you're almost certainly entitled to these funds — but sit on your rights and the payment may never come.
Settlement Checks
You've settled — congratulations. Now the rules change: the employer/insurer gets 20 days to issue settlement funds once the settlement is approved by the State Board of Workers' Compensation. The good news is that if settlement checks are late or incorrect, you could be owed a significant amount in late fees. Good attorneys watch settlement timing closely.
Mileage & Medical Expenses
During your case you're entitled to payment of mileage and medical expenses for approved treatment. Many people miss out on claiming travel, parking, and certain medical expenses. When a request is completed correctly, the insurer has 15 days to issue payment before late fees are added by law.