Florida Worker's Compensation - Help For Injured Florida Workers

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  1. #1
    Join Date
    Oct 2012
    Posts
    14

    Default Late Benefit Check

    My benefit check keep coming late and now ls late for 6 days. My check was due last friday and now it's late for 6 days, I called my attorney assistant she told me she called the adjuster and adjuster said the check was mailed on the 25th but today is the 3rd. I am not sure why i haven't received it but I don't believe they mailed the check for real. What can I do to make them send my check on time?

    any advise, experience or opinion.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Late Benefit Check

    you cannot legally force someone to do what you want.
    you can file for a penalty.

  3. #3
    Join Date
    Mar 2011
    Posts
    45

    Default Re: Late Benefit Check

    I have that all the time. This week I got two checks as we were two weeks behind. I have gone three weeks without a check. It's a game they play.
    Keep track....do a spread sheet and tell your atttorney. I am filing penalties.....I was even shorted with the check amount even though we had a set amount to be paid weekly.
    I have it all documented.

  4. #4
    Join Date
    Oct 1971
    Posts
    3,363

    Default Re: Late Benefit Check

    032055
    What can I do to make them send my check on time?
    Contact the Bureau of Monitoring and Audit.
    http://www.myfloridacfo.com/wc/organization/bma.html

    Title XXXI
    LABOR
    Chapter 440
    WORKERS' COMPENSATION
    440.20 Time for payment of compensation and medical bills; penalties for late payment.—

    7) If any compensation, payable under the terms of an award, is not paid within 7 days after it becomes due, there shall be added to such unpaid compensation an amount equal to 20 percent thereof, which shall be paid at the same time as, but in addition to, such compensation, unless review of the compensation order making such award is had as provided in s. 440.25.
    (8)(a) In addition to any other penalties provided by this chapter for late payment, if any installment of compensation is not paid when it becomes due, the employer, carrier, or servicing agent shall pay interest thereon at the rate of 12 percent per year from the date the installment becomes due until it is paid, whether such installment is payable without an order or under the terms of an order. The interest payment shall be the greater of the amount of interest due or $5.

    (b) In order to ensure carrier compliance under this chapter, the office shall monitor, audit, and investigate the performance of carriers. The office shall require that all compensation benefits are timely paid in accordance with this section. The office shall impose penalties for late payments of compensation that are below a minimum 95 percent timely payment performance standard. The carrier shall pay to the Workers’ Compensation Administration Trust Fund a penalty of:1. Fifty dollars per number of installments of compensation below the 95 percent timely payment performance standard and equal to or greater than a 90 percent timely payment performance standard.
    2. One hundred dollars per number of installments of compensation below a 90 percent timely payment performance standard.
    This section does not affect the imposition of any penalties or interest due to the claimant. If a carrier contracts with a servicing agent to fulfill its administrative responsibilities under this chapter, the payment practices of the servicing agent are deemed the payment practices of the carrier for the purpose of assessing penalties against the carrier.
    http://archive.flsenate.gov/statutes/index.cfm?m&App_mode=Display_Statute&Search_String =&URL=0400-0499/0440/Sections/0440.20.html

    Contact Information
    Division of Workers' Compensation
    Customer Service Center
    200 East Gaines Street
    Tallahassee, FL 32399-4227
    Phone: (850) 413-1601
    Internet: http://www.fldfs.com/WC/

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  5. #5
    Join Date
    Oct 2012
    Posts
    14

    Default Re: Late Benefit Check

    Thank you!

  6. #6
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,959

    Default Re: Late Benefit Check

    WHen you get a late check, keep the check stub and the envelope in which it came. If the stub does not have the date the check was issued on it,then you need to photocopy the check before you put it in the bank. Otherwise you may have no way to prove it was paid late.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  7. #7
    Join Date
    Apr 2012
    Posts
    86

    Default Re: Late Benefit Check

    Same game played on me.

    My solution was to get a $2000 advance which is almost a lock to be approved even though it can take a month plus to get. Have your atty. file a motion for the advance not a petition for benefits. Once you get the advance you aren't stressed out and late on paying your bills and just rack up the penalties (20%) on late checks. Have your atty. make his good faith attempt on each late check and then file a petition for each individual check not sent. If the insurer doesn't pay with penalty then they will also be adding your atty's fee and cost on each check. Also they will be pissing off a judge who may be making some big calls in your case down the road.

    I didn't get late checks after that- I mean I still got them several days after they were due but not the penalty zone late.

    And for what little it may be worth to you I don't think this world is structured in a way that any one who pulls s••t like that on people who deserve and need the money could possibly have a seconds worth of joy or well being. It's called karma and while they don't have a clue they will pay for their BS as will all who enable this sick system.

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