What If My Workers’ Comp Check Is Late: What Do I Do?

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What If My Workers' Comp Check Is Late: What Do I Do?

Lawyer explains about insurance company penalties if your workers’ comp check is late in Michigan.

Most of the clients that our law firm represents live paycheck-to-paycheck. Getting hurt at work can mean financial disaster if their income stops for even a short period of time. Putting food on the table becomes difficult and families suffer unnecessarily. Here is some advice we give about obtaining payment from the insurance company so you do not suffer if your workers’ comp check is late in Michigan.

Workman’s comp is supposed to be a safety net for employees hurt on-the-job. It covers all medical bills and lost wages. The amount paid for lost wages should equal 80% of the after-tax average weekly wage. This is based upon the previous highest 39 paid weeks out of 52. Wage loss payments continue for the entire length of disability.

Wage loss benefits start on the 8th day of disability. This includes time for weekends and holidays. The first payment should be received approximately 14 days after entitlement begins. Unfortunately, it can take some insurance companies weeks or months to process a claim. This can be delayed even more if the employer refuses to cooperate. We have seen situations where the employer will not acknowledge a workplace accident happened or provide necessary documentation to start a claim.

What if my workers’ comp check is late in Michigan?

In Michigan, if your workers’ comp check is late there is a $50 per day penalty if wage loss benefits are not paid within 30 days of becoming due. This penalty is subject to a maximum of $1,500 total. Insurance companies hate paying penalties and a certified letter usually gets their attention. Make sure to send the certified letter “return receipt requested” so there is proof of mailing.

A penalty may also apply to medical bills that are not paid within 30 days after the insurance company receives notice of nonpayment by certified mail. This penalty is limited to $50 or the amount of the bill if it is less.

Penalties only apply to claims that are not disputed. Even frivolous defenses allow the insurance company to escape paying. Watch out for insurance companies who file a Notice of Dispute saying “pending investigation” or other nonsense. These bogus defenses should be challenged in court! Most insurance companies deny penalties even when they are clearly in the wrong.

We recommend that you contact an experienced lawyer if your workers’ comp check is late in Michigan and benefits are not promptly paid. Missing or delayed payments are often a warning sign that benefits are in jeopardy. One of the “red flags” that we tell people to watch out for is when payments are delayed or missing. Insurance companies typically suspend benefits if they believe an employee is no longer disabled. The independent medical examination (IME) will be scheduled and benefits will be put on hold. The disabled employee is usually the last to know and has the burden of challenging the dispute.

Michigan Workers’ Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.

Related information:

Recording Independent Medical Examinations: A Warning For Claimants

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Author Bio Jeffrey Kaufman

Author
Jeffrey E. Kaufman
Michigan Workers Comp Attorney

Jeffrey E. Kaufman has extensive experience in workers compensation cases and has recovered millions of dollars in benefits for his clients. He believes all injured workers deserve to be on equal footing with insurance companies and employers, and fights tenaciously so their rights are secured and protected.


“Jeff also helped me with getting my Blue Cross bills paid. I would absolutely recommend him and the whole firm. Jeff and the firm did everything they were supposed to do for me and my case.”
Ricardo Perfetto

Hundreds of 5-Star Reviews

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Get Help From our Michigan Workers’ Comp Lawyers Today

You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and our clients love how they’re treated with care, respect, and responsiveness. We will give you the time you need, we will explain your legal rights, and we will always treat you with respect.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.