When you are out of work, you critically need the benefits that your workers’ compensation check provides. This check could keep the roof over your head and food on the table.
Usually, this workers’ comp check is delivered on time every week. However, you may find that one check is extremely late, or all checks are habitually late.
Then, you may be able to hire a lawyer to take legal action on your behalf. Contact Sevenish Law Firm to schedule a free initial consultation. The workers’ compensation system can be complicated, and you may need legal help from a work injury lawyer in Indianapolis.
Your Employer Pays Your Workers’ Comp Benefits in Indiana
Indiana workers’ compensation law is different from other states. Instead of an insurance company delivering your checks every week, it is your employer who is responsible for paying you. They either self-insure or purchase coverage from a central pool.
When your employer is the one making the payment, they may not be as efficient as a larger insurance company. They could forget to send the check, or they may not have the payment mechanism in place. The person who is responsible for putting through your check may simply have been on vacation or have forgotten to do their job.
A Late Check Could Be the Product of a Temporary Oversight
The reasons for your check not arriving could range from an oversight to something more troubling. If your check is being mailed to you, the check may simply have gotten lost. Then, you could request a replacement check be sent to you, by overnight mail if necessary.
If you receive your benefits through direct deposit, there could have been an issue with the transfer. Then, you should call both your employer and the bank to ensure that they have the correct information.
If this is the case, your check should eventually arrive, although we understand how difficult it can be to wait for your check. You should call your employer to check on the status of your check. Hopefully, they can give you an update that says the check is on the way or the problem that caused your payment to be delayed has been fixed.
Your Workers’ Compensation Benefits Could Have Been Stopped
However, the failure to send a check could be due to other more intentional reasons. Your employer may intentionally not have sent your payment for the following reasons:
- The claim that you thought was going to be approved was actually denied, but nobody actually told you.
- The results of an independent medical examination have found that you can go back to work, and the employer believes that you are no longer injured. This examination would happen after you have reached the point of maximum medical improvement.
- The employer is waiting for the results of a medical examination that could determine your eligibility for benefits.
If your benefits have been denied or terminated, the employer should have given you notice. They cannot simply stop paying you or not send a check at all. They must give you the reason in writing, so you can take legal action if necessary. Then, you will know how they reached their decision to help you present your most effective case.
You Can Appeal a Denial or Termination of Your Benefits
If the failure to send your check was the result of an adverse decision. you can hire an attorney to file an appeal with the Indiana Workers Compensation Board. You could get a decision from an objective Administrative Law Judge. Your attorney would gather the evidence and present your case to the judge, showing why you deserve workers’ compensation benefits, or why your checks should not have been stopped.
If the reason for the late check is that there was a payment problem, you should contact your employer immediately. They may be able to quickly resolve the problem, getting your payments back on track. They would also owe you back pay for the checks that they missed.
Unlike other states, Indiana law is silent on whether the payor can be assessed a penalty for late payment of your benefits. If the payor has delayed your payments, excessively or habitually, you may be able to take legal action against them.
Here, you may be able to request an emergency hearing in front of the Indiana Workers Compensation Board. If the payor’s conduct was intentional or egregious, the Administrative Law Judge may have the ability to penalize them. The ALJ can order your employer to pay the benefits that they are withholding.
Contact an Indianapolis Workers’ Compensation Attorney Today
If you have any issues with your workers’ compensation claim, whether they involve the initial approval or the payment of your claim, you need an attorney on your side. Contact the experienced attorneys at Sevenish Law Firm if you haven’t received your workers’ comp check.
We can help you take legal action if your employer simply will not pay you. Message us online or call us today at 317-720-3229 to schedule a free initial consultation. You will not need to pay us money from your own pocket.