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What To Do If Your Workers’ Comp Check Arrives Late

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Posted By KSK Law | March 27 2024 | Workers' Comp

When a workers’ comp check arrives late, it is not only frustrating but can also add financial strain to an already stressful situation. Delays can occur for various reasons, but the facts are clear: if you have been approved for workers’ compensation benefits in Minnesota, you are entitled to timely payments. Here is what you should do if you find yourself in this situation.

How Soon Are Insurers Required to Pay Workers’ Comp Benefits in Minnesota?

Workers’ compensation insurers typically pay out claims on a monthly, bi-monthly, or weekly basis, which typically coincide with your employer’s payment schedule. In Minnesota, the timeline for receiving workers’ comp benefits depends on the type of benefits that you are entitled to receive.

Once the insurer decides to pay your claim, they must start issuing payments within five days. According to the Minnesota Department of Labor and Industry, benefits for lost wages kick in after a minimum of three days of lost work. For cases involving total disability benefits, payments should commence within 14 days of the first day of disability.

Recognizing a payment as late depends on whether this is your first check or a subsequent payment. The former is considered late if 30 days have passed without receiving a check, while the latter is considered late after a 14-day delay.

Why Would a Workers’ Compensation Check Arrive Late?

Several factors could delay a workers’ comp claim. Insurers may request additional evidence to verify the legitimacy of your claim, which might involve seeking further documentation or scheduling an independent medical examination. High volumes of claims have also contributed to delays. Additionally, traditional mail delivery of paper checks can introduce longer wait times.

What to Do If Your Insurer Delays Your Payment

Facing a delay in receiving your workers’ comp benefits can be frustrating, but there are steps you can take to address this situation. If you have not received your first check within 30 days or your regular payments within 14 days, take the following actions:

  • Inform Your Employer or Human Resources Department: Talk to your employer or the human resources department about the delay. Sometimes, they can provide additional information or assistance in communicating with the insurance company to expedite your claim.
  • Contact Your Workers’ Compensation Lawyer Right Away: A lawyer experienced in workers’ comp claims can assess your situation, advise you on your rights, and represent you in interactions with the insurer or legal proceedings if necessary. If you have not already hired an attorney to represent your case, reach out to one right away to help you resolve this situation.
  • Have Your Lawyer Discuss the Issue with the Insurance Company: Ask your Minneapolis workers’ comp attorney to contact the insurance company to inquire about the reason for the delay and attempt to expedite your payment. Keep detailed records of all communications, including dates, the names of individuals you spoke with, and the explanations provided.
  • Take the Insurer to Court If Necessary: If the insurance company refuses to provide your payment, legal action may be warranted. Your attorney can file a petition in court to pursue payments that the insurer may owe.

If you are navigating a delayed workers’ comp payment, remember you do not have to face this challenge alone. A Minnesota workers’ compensation attorney can be an invaluable ally, fighting for the support and compensation you deserve. To protect your rights, contact a lawyer right away to discuss your situation.

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