Workers who are unable to work after an injury often rely on workers’ compensation benefits to meet their basic financial needs. The checks that these benefits are paid through allow injured employees to continue providing for themselves and their families.
Unfortunately, workers’ compensation insurance companies occasionally fail to deliver checks or payments in a timely manner. This can cause a worker’s bills, such as rent, mortgage, electricity, or food, to begin piling up.
While the workers’ compensation process can be complex, employers and workers’ compensation insurance companies are obligated to ensure checks are promptly delivered under the South Carolina Workers’ Compensation Act. Anyone receiving late workers’ compensation checks in Charleston may wish to connect with a dedicated workers’ protection attorney to ensure their rights are respected.
Why are Workers’ Compensation Checks Late?
Workers’ compensation checks may be delayed for a variety of reasons. Often, human error can cause a late check. Claim adjusters typically handle workers’ compensation checks, and vacations, illness, employment transfers, or a backlog of casework may cause delays.
Insurance companies may also utilize computer systems to track checks and payments. While this should help streamline delivery, it could lead to computer errors that cause a delay or missed delivery.
Other factors, such as holidays or weather, could also impact the delivery process. Regardless of the reason, though, injured employees are entitled to receive workers’ compensation benefits and to take action if those checks do not come through.
Benefits Payment Schedules
South Carolina Code §42-9-230 outlines the expected payment schedule for workers’ compensation checks. This law requires employers to provide payments on the fourteenth day after a worker has reported their injury. After this, checks are generally paid weekly on the same day of the week.
Likewise, employers and insurance companies are expected to pay for authorized medical care within thirty days of a payment request. In some situations, this timeline could be extended to allow review of medical expenses. If a worker is deemed incapacitated, disability payments should be tendered within eight days.
Late Check Penalties
Employers are expected to pay benefits on time and failing to do so could lead to a penalty. South Carolina employers who fail to pay within fourteen days of the due date could be charged a late fee that equals ten percent of the payment’s total value. This late fee is then added to the injured person’s compensation.
For employees who have sustained temporary disabilities, late workers’ compensation checks in Charleston could result in a 25 percent penalty. This penalty would also be added to an injured employee’s overall benefits.
Consulting a Charleston Workers’ Comp Attorney To Help Secure Late Checks
An employer’s failure to provide timely workers’ compensation can place unnecessary stress onto you and your family. If you were injured in the workplace and are not receiving workers’ comp checks you are owed, a dedicated workers’ protection lawyer could listen to your situation and help you take action to assert your rights.
A simple error may have caused your payment to be delayed, but even a simple error should not be ignored since late workers’ compensation checks in Charleston could prevent you from providing for your family or meeting basic needs. Call today to set up a consultation and allow a qualified attorney to help you hold employers and insurance companies responsible for delivering the benefits you deserve.
