I get tons of calls from injured workers who are in a panic because they have not received their lost wage check for the week and they face the possibility of not being able to pay their mortgage/car payment/electric bill…you get the picture. When you are receiving a lost wage check from the insurance company, it is SUPER IMPORTANT to have an Award Order (see related blogs for more info on this). Award Orders put time limits on how late a check can be and gives you an extra 20% if the check is late.
Before you panic:
*First, look at the dates on your last check. With workers’ compensation, it does not matter if you usually get paid on a certain day of the week, what matters are the dates on the check. Sometimes, depending on the situation, checks are paid ahead, which means that just because you are used to getting a check on a Tuesday does not necessarily make it late. For example, if your check pays you from 4/10/12 to 4/19/12, your next check would not be considered late until 4/20/12. A late penalty would be assessed against the insurance company if you have not received your check by May 2nd.
*If your check is late, your attorney will follow up on it immediately, however, in Virginia, neither you nor your attorney can do anything about a late check until the check is more than 14 days late pursuant to an Award Order. That being said, 14 days late does not mean 14 days since you last received a check; it means 14 days since the date paid through on the last check. If you are not represented by an attorney, you can call the insurance company directly.
*If your check is late and meets the 14 day requirement, your attorney can ask for a late payment penalty of 20%. However, this 20% penalty fee only applies if you are under an award order. If you are being voluntarily paid, and there is no order in place, the insurance company has not violated any order of the Commission and you are at their mercy.
If you are having issues with late checks or if you would like more information on the Virginia Workers’ Compensation system, order my book, “The Ultimate Guide to Workers’ Compensation in Virginia” by clicking this link, or call our office today (804) 755-7755.
~Author
Michele Lewane, Esq.
