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  1. #1
    Join Date
    Dec 2009
    Posts
    2

    Default Penelties for Late TTD Payments

    Are there any penelties for late TTD payments from the IC? 2, 3, 4 weeks late was the norm for the first year, then I got a new adjuster and she has been pretty good until about 3 weeks ago.

    It seems they're playing games again, and as you all know, any delay in benefits are painfull. I've been on TTD for 27 months, 3 surgeries and I hope the end is near. I've reached MMI and is nowhere near where I have to be to return to my job of 20+ years.

    My employer also provided a false wage and earnings statement to the IC for the 52 weeks prior to my injury and after much prodding from me, the IC requested another from him, this time it was less!!

    It took a year to get my benefits straightened out, and they did provide retroactive benefits, but the financial damage was already done. It seems when an employer lies to the IC, it's "oops, i goofed". If I lie to the IC it's called insurance fraud.

    What's the employers motivation to tell the truth? If he doesn't get caught, he gets away with it. If he gets caught, he has to pay what he should have in the first place. I don't get it.

    I foolishly thought that if I was honest and upfront about everything, (and I have been) all parties involved would do the same. The one thing I've learned from this is that the injured employee has fewer rights than the IC or the employer.

    After reading many posts here, I see I'm not the exception, I'm the norm. Pretty sad really.

  2. #2
    Join Date
    Aug 2007
    Posts
    504

    Default Re: Penelties for Late TTD Payments

    Quote Quoting bonkers View Post
    Are there any penelties for late TTD payments from the IC? 2, 3, 4 weeks late was the norm for the first year, then I got a new adjuster and she has been pretty good until about 3 weeks ago.

    It seems they're playing games again, and as you all know, any delay in benefits are painfull. I've been on TTD for 27 months, 3 surgeries and I hope the end is near. I've reached MMI and is nowhere near where I have to be to return to my job of 20+ years.

    My employer also provided a false wage and earnings statement to the IC for the 52 weeks prior to my injury and after much prodding from me, the IC requested another from him, this time it was less!!

    It took a year to get my benefits straightened out, and they did provide retroactive benefits, but the financial damage was already done. It seems when an employer lies to the IC, it's "oops, i goofed". If I lie to the IC it's called insurance fraud.

    What's the employers motivation to tell the truth? If he doesn't get caught, he gets away with it. If he gets caught, he has to pay what he should have in the first place. I don't get it.

    I foolishly thought that if I was honest and upfront about everything, (and I have been) all parties involved would do the same. The one thing I've learned from this is that the injured employee has fewer rights than the IC or the employer.

    After reading many posts here, I see I'm not the exception, I'm the norm. Pretty sad really.
    Yes there are penalties. If I were you I'd have my attorney get on them asap.

    beachgirl

  3. #3
    Join Date
    Dec 2009
    Posts
    2

    Default Re: Penelties for Late TTD Payments

    BeachGirl,
    Thanks for the reply. My Attorney called me today and said the IC mailed my check last friday, so I will hopefully receive it tomorrow. I don't know why they don't lean harder on the IC when they "goof up" like this. Maybe the IC is trying to put more pressure on me to settle soon by starving me out. Well, they starved me out Looong ago, so this just makes me stronger when they pull this crap. I'll never give in to them. I have nothing to lose, I've already lost it all!

  4. #4
    Join Date
    Jan 2010
    Location
    Illinois
    Posts
    3

    Default Re: Penelties for Late TTD Payments

    Good luck with that I have my lawyer working on late TTD and it has been over 3 months now with no payments. Just remember your lawyer gets 20% of your back pay so I don't think they work real hard in getting it paid very fast

  5. #5
    Join Date
    Aug 2007
    Posts
    160

    Default Re: Penelties for Late TTD Payments

    What about penalties if your TTD payments are not the correct amount? My TTD were short $65.00 a week for 8 months.

  6. #6
    Join Date
    Feb 2010
    Location
    Aurora IL
    Posts
    3

    Default Re: Penelties for Late TTD Payments

    Beachgirl- I am not sure what penalties you are speaking of- but having been on both sides (please, keep your throwing of things at me to soft items) I can tell you that even if IC make errors, I did not witness any penalties. Some IC have you on auto pay, some do not and have to enter them in manually. Some of us are human and might miss a day or two. When they don't come- call. Don't accept their "its in the mail" or "its being reviewed". Thats code for us adjusters to ourselves that "Oh crap! I gotta send him payment". By law, if you are entitled to your TTD, you should get a check. If you are not, there may be other reasons that either you are not sharring with us, or perhaps you are not qualified to get one. Lawyers do take all of your money...its true. They don't scare us adjusters, they just annoy us.

    If your TTD was short for either a % error or because your employer took 18 weeks to get us your payroll records (we have to go off of those, so don't blame us when your employer sits on his/her duff doing nothing and wont' send them to us)- you should get a retro check for that error.

    All that said...I too am on WC and about to be released. I however am not going back into the wonderful world of Insurance. I am entirely too happy a person to be an adjuster anymore. Do not let the adjusters bully you around. We HATE when you talk to our bosses. I would do everything in my POWER to avoid that. I even drove a check to a claimant (we had company cars) so that he would be happy and not call my boss. By Illinois law, they have to pay you if you were injured on the job. If there is some question to that, payment can be held until proven.

    Sorry for the long message...just my unwanted 2 cents!!

  7. #7
    Join Date
    Feb 2008
    Posts
    156

    Default Re: Penelties for Late TTD Payments

    I posted below the only thing i could find on a penalty for late ttd. It looks like you have to go before a commissioner or arbirtrater. They determin how much,if any , penalty is due. I guess it has to be taken to court. I will look again. Penalties Against the Employer for Unreasonable Refusal to Pay Worker Compensation Benefits

    The Workers Compensation Act provides the injured employee with a measure of protection from an employer who refuses to pay benefits–penalties under Sections 19(k) and 19(l). Section 19(k) states that an employer who denies benefits unreasonably, ie. without a good faith basis, can be penalized in an amount of up to 50% of the employee’s award. Section 19(l) provides that an employer that unreasonably denies or withholds Temporary Total Disability from an injured employee may be penalized of $30 per day up to $10,000 for doing so. The arbitrator or the Workers’ Compensation Commission, when issuing the award, makes the determination of whether or not penalties are warranted under either or both Sections 19(k) and 19(l). 820 ILCS 305/19(k)(l).

  8. #8
    Join Date
    Aug 2007
    Posts
    504

    Default Re: Penelties for Late TTD Payments

    Quote Quoting photoqueen View Post
    Beachgirl- I am not sure what penalties you are speaking of- but having been on both sides (please, keep your throwing of things at me to soft items) I can tell you that even if IC make errors, I did not witness any penalties. Some IC have you on auto pay, some do not and have to enter them in manually. Some of us are human and might miss a day or two. When they don't come- call. Don't accept their "its in the mail" or "its being reviewed". Thats code for us adjusters to ourselves that "Oh crap! I gotta send him payment". By law, if you are entitled to your TTD, you should get a check. If you are not, there may be other reasons that either you are not sharring with us, or perhaps you are not qualified to get one. Lawyers do take all of your money...its true. They don't scare us adjusters, they just annoy us.

    If your TTD was short for either a % error or because your employer took 18 weeks to get us your payroll records (we have to go off of those, so don't blame us when your employer sits on his/her duff doing nothing and wont' send them to us)- you should get a retro check for that error.

    All that said...I too am on WC and about to be released. I however am not going back into the wonderful world of Insurance. I am entirely too happy a person to be an adjuster anymore. Do not let the adjusters bully you around. We HATE when you talk to our bosses. I would do everything in my POWER to avoid that. I even drove a check to a claimant (we had company cars) so that he would be happy and not call my boss. By Illinois law, they have to pay you if you were injured on the job. If there is some question to that, payment can be held until proven.

    Sorry for the long message...just my unwanted 2 cents!!
    The penalities I speak of are for TTD payments coming late without good cause. There are infact penalties and getting them and possible attorney fees are certainly justfied if payments are not being made by the IC on a timely basis. It's all outlined on page 25 of the Handbook on Worker's Compensation and Occupational Diseases. As a former adjuster and current IW I would think you would know this.

    As far as you statement about attorneys taking all the IW money.....HOGWASH. IC's just love it when IWs don't have legal representation because 9 out of 10 times they payout WAY less when the IW represents themslves.

    Anyone that tries to lead an IW, in Illinois, away from hiring and attorney is no friend of IWs. As a former adjuster you know how % of loss is formulated in Illinois and you also know IW do not have access to prior case law to try and get an idea as to what is a fair settlement.

    Since you are hanging up your adjuster hat, I suggest you leave your adjuster driven advise behind as well if you plan on being of help or support to IWs that come to this site.

    beachgirl

  9. #9
    Join Date
    Feb 2010
    Location
    Aurora IL
    Posts
    3

    Default Re: Penelties for Late TTD Payments

    Quote Quoting BeachGirl View Post
    The penalities I speak of are for TTD payments coming late without good cause. There are infact penalties and getting them and possible attorney fees are certainly justfied if payments are not being made by the IC on a timely basis. It's all outlined on page 25 of the Handbook on Worker's Compensation and Occupational Diseases. As a former adjuster and current IW I would think you would know this.

    As far as you statement about attorneys taking all the IW money.....HOGWASH. IC's just love it when IWs don't have legal representation because 9 out of 10 times they payout WAY less when the IW represents themslves.

    Anyone that tries to lead an IW, in Illinois, away from hiring and attorney is no friend of IWs. As a former adjuster you know how % of loss is formulated in Illinois and you also know IW do not have access to prior case law to try and get an idea as to what is a fair settlement.

    Since you are hanging up your adjuster hat, I suggest you leave your adjuster driven advise behind as well if you plan on being of help or support to IWs that come to this site.

    beachgirl
    Eye rolling now. No need to get your feathers ruffled. I personally have never heard of any such things you speak of happening at my company, and again, I don't think we hear the full story on some of these. I was not trying to belittle your comments, as you are doing to me. And I hate to tell you, most of your advice is very bitter. I would think, that given I have a wee bit more inside info than you appear to have, some might want to hear from me. But I see you just want to sling mud and not bother to say "Hey, this is what I am talking about". And that handbook is a piece of crap...but again you don't want an insiders point of view.
    My adjuster driven advice, as you call it, was to let people know that lawyers do not scare us, they annoy us. I was not saying DON'T get one. If you were a little nicer, you might see that I may have more info to help others out and support them with insiders info. But alas...all you see is "I used to be an adjuster" and you want to beat me to death. So be it.

  10. #10
    Join Date
    Aug 2007
    Posts
    504

    Default Re: Penelties for Late TTD Payments

    Quote Quoting photoqueen View Post
    Eye rolling now. No need to get your feathers ruffled. I personally have never heard of any such things you speak of happening at my company, and again, I don't think we hear the full story on some of these. I was not trying to belittle your comments, as you are doing to me. And I hate to tell you, most of your advice is very bitter. I would think, that given I have a wee bit more inside info than you appear to have, some might want to hear from me. But I see you just want to sling mud and not bother to say "Hey, this is what I am talking about". And that handbook is a piece of crap...but again you don't want an insiders point of view.
    My adjuster driven advice, as you call it, was to let people know that lawyers do not scare us, they annoy us. I was not saying DON'T get one. If you were a little nicer, you might see that I may have more info to help others out and support them with insiders info. But alas...all you see is "I used to be an adjuster" and you want to beat me to death. So be it.
    The book you call *crap* is what, by law, all IWs are to be given once a claim is filed. Why do you feel it is *crap*?

    You might want to take a minute and look through the posts I have made on this site. There is no bitterness in any of them. Truth about the WC system, yes, bitterness, nah. In fact my actual case went and settled very well, mainly due to having an excellent attorney. I stick around this board, even though I settled over a year ago, to help other IWs. That's not bitterness that's caring.

    I did not sling mud at you. I called you out on making comments like, "lawyers take all you money...it's true."

    Attroneys are not there to frighten adjuster. They are there to assure IWs get the medical and financial pieces they should. The only ones afraid of a good IW's attorney are the defendants attorneys and the IC when they have to pay up when they know they will pay less with and un represented IW. LOL

    Giving IWs insight into what a former adjuster knows is welcome. Telling them it is true attorneys take all the IW's money is not, because it is not true. If you don't beleive me then you might want to contact Tony the owner of this board. I'm sure he'll have no problem enlightening you.

    beachgirl
    Last edited by BeachGirl; 02-23-2010 at 07:56 PM.

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