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What to Do If Your Workers’ Compensation Payments Are Late

April 21st, 2020 at 3:00 pm

IL job injury lawyer, Illinois work injury attorneyA work injury can cause major interruptions in your life – physically, emotionally, and financially. Workers’ compensation benefits are in place to cover wages for the time you are unable to work, help pay for your treatment, and get you back to work as soon as you can. After you have reported your injury to your employer and they have filed a workers’ compensation claim, the insurance company must approve or deny the claim within 14 to 30 days. If approved, you should receive your first payment within 14 days of notice of your injury, and payments should be administered every two weeks after the initial payment.

If you are living paycheck to paycheck, frustration can arise when your check is late or withheld without reason.

Late Payment Penalties

Under Illinois law, delayed payments without a legitimate reason may be subject to a penalty.

If the employee has submitted a written demand for payment of benefits, the payer has 14 days to explain the reason for the delay. If the employer or insurance company does not submit a response, or the response submitted is unjust, the Commission may award the employee additional compensation of $30 per day for each day the benefits were delayed or withheld.

This does not happen automatically; you and your attorney will have to request it and file a motion to hold a penalty claim hearing.

Penalty Hearing

A penalty claim hearing will be held in front of the Illinois Workers’ Compensation Commission. During the hearing, having evidence to support your claim such as the response, or lack of response, a previous workers’ compensation check, or an envelope with a late postage stamp is critical.

After the hearing, the penalty will be reviewed and assessed by the Commission before the additional compensation can be rewarded. If the party responsible for the delayed payment fails or refuses to pay the penalty to the employee, further action will result.

Contact an Illinois Workers’ Compensation Attorney Today 

If you have suffered a work injury and your check is late, contact a Chicago, Illinois workers’ compensation attorney immediately. The knowledgeable attorneys at the Law Offices of Francis J. Discipio will fight to protect your rights and make sure you receive the financial compensation you deserve. Call our office at 630-574-2288 to schedule a free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

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