One of the most asked questions I get from potential clients and existing clients is, “When can I expect my check?” Often times this is a question that requires further looking into such as when was the last time they received a check, whether an NOID was filed, etc. Often times we discover that the insurer failed to make payment despite their legal obligation to do so. Even worse is when we learn the injured worker has not received any wage loss benefits despite a clear connection between the wage loss and the work injury.
We all have a role within the workers’ compensation process. Whether it is a doctor, employee, QRC, judge or adjuster. Obviously, it is the adjuster’s role to pay benefits when they are owed. Failure to do so causes undue hardship for the injured worker. Especially, if it is just poor investigation on the part of the adjuster and it results in the worker not getting the desperately needed benefits. This type of failure puts the insurance company at risk for a penalty. Some of these penalties are payable to the injured worker while others are payable to the special compensation fund.
Under the law, the employer and insurer are required within 14 days after the employer has been notified of an injury to admit or deny liability. Wage loss benefits are not payable for the first three calendar days following an injury. However, if your disability lasts greater than 10 days, compensation is due from the date your disability commenced. In other words, they are required to pay from the first day.
Temporary and Permanent Total Disability Benefits are due on the date you would have received wages had you continued working.
Temporary Partial Disability Benefits are due 10 days following mailing of your check stub.
Permanent Partial Disability benefits are due within 30 days a medical report containing a PPD rating or medical information the insurer may determine a rating.
We can safely say that the system was developed to allow the injured worker a way to recover. The system also put in place rules for the insurance company to follow in order to assist in that recovery. Sometimes the adjuster and insurance company lose sight of these obligations. My job, as a work comp attorney, is to make sure the adjuster is following the law and providing appropriate and timely benefits.
If you have been denied workers’ compensation benefits or have concerns about your case, we at The Law Office of Thomas Mottaz are workers’ compensation attorneys that help people with Minnesota work injuries anywhere in MN. Contact us for a free consultation and we will answer your questions or help you find the right lawyer for your situation.