Results 1 to 8 of 8
  1. #1
    Join Date
    Dec 2012
    Posts
    4

    Default Settlement Reached - Insurance Company Late on Payment

    Hello all,

    I reached a settlement with my worker's compensation claim in late November. This was a compromise agreement with the insurance company 3 days before the hearing was scheduled with the division. The ALJ issued an order that the insurance company must pay me 21 days from the date of the order.

    21 days has come and gone.

    I am wondering what my rights are when it comes to this. It seems my lawyer was just glad to be done with the case and hasn't been much help during this entire process, in fact, I put in most of the leg-work and filed the WKC-7 form myself so I don't expect much help from him.

    In the state of Wisconsin is the order to pay within 21 days mean 21 calender days or work days? I've been browsing the Statutes and haven't found much yet. Is there a penalty of some sorts that is accrued?

    Any help is appreciated.

    Ben

  2. #2
    Join Date
    Oct 2006
    Posts
    9,076

    Default Re: Settlement Reached - Insurance Company Late on Payment

    once you've settled and got your money there is no more benefits or liability.
    that's why your lawyer is no longer interested.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: Settlement Reached - Insurance Company Late on Payment

    Quote Quoting bkain555 View Post
    Hello all,

    I reached a settlement with my worker's compensation claim in late November. This was a compromise agreement with the insurance company 3 days before the hearing was scheduled with the division. The ALJ issued an order that the insurance company must pay me 21 days from the date of the order.

    21 days has come and gone.

    I am wondering what my rights are when it comes to this. It seems my lawyer was just glad to be done with the case and hasn't been much help during this entire process, in fact, I put in most of the leg-work and filed the WKC-7 form myself so I don't expect much help from him.

    In the state of Wisconsin is the order to pay within 21 days mean 21 calender days or work days? I've been browsing the Statutes and haven't found much yet. Is there a penalty of some sorts that is accrued?

    Any help is appreciated.

    Ben
    Just assume it's working days... count from the date the judge issued the order. You may not be quite as disappointed. Take into consideration holidays and weekends too...

    Happy New Year...

  4. #4
    Join Date
    Dec 2012
    Posts
    4

    Default Re: Settlement Reached - Insurance Company Late on Payment

    I made sure there is a clause in our agreement that grants me benefits for PPD if/when I get the percentage number. I wasn't trying to imply that once we settled my attorney became disinterested in the case. I was saying that throughout the process, it was extremely difficult to get an attorney to represent me due to the low-wage I was receiving. The attorney I retained, I believe, thought there would be more in it for him when we signed our attorney-client agreement and was happy that most of the leg-work was already completed (by me) prior to him taking the case. With that being said, I was hoping for more of an answer to my inquiry; not an obvious, general observation of the tactics that lawyers use when working on cases.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: Settlement Reached - Insurance Company Late on Payment

    I was hoping for more of an answer to my inquiry; not an obvious, general observation of the tactics that lawyers use when working on cases.
    Huh?
    Your question was/is...In the state of Wisconsin is the order to pay within 21 days mean 21 calender days or work days? I've been browsing the Statutes and haven't found much yet. Is there a penalty of some sorts that is accrued?

    ...I believe it's been answered.
    I made sure there is a clause in our agreement that grants me benefits for PPD if/when I get the percentage number.
    IMHO...you indicated you have negotiated a C&R...This was a compromise agreement with the insurance company 3 days before the hearing was scheduled with the division....To me, and likely most others on this board, would mean a cash lump sum payment releasing the ER/IC from further liability. There won't be any PPD indemnity benefits due, % rating or not.

  6. #6
    Join Date
    Dec 2012
    Posts
    4

    Default Re: Settlement Reached - Insurance Company Late on Payment

    I was not replying to your post. I was replying to the other persons.

    In response to your honest opinion and apparently the majority of the people on this board's: it is a limited compromise agreement that was reached, granting me benefits should the injury reoccur or if a Medical Professional grants me a PPD%.

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: Settlement Reached - Insurance Company Late on Payment

    That is technically a Stipulation agreement.
    Payment would still be based on work days..not calendar.

  8. #8
    Join Date
    Jan 2016
    Posts
    11

    Default Re: Settlement Reached - Insurance Company Late on Payment

    21 working days weekends, holidays, and of course they will use the old line of I don't control the post mail. When you receive letter/envelope there will be date on it, count back 21 days excluding holidays, and weekends. If it is over what judge ordered in this case 21 days then you could file for 15% penalty.
    Good Luck

Similar Threads

  1. Replies: 2
    Last Post: 11-21-2012, 06:55 PM
  2. How Long Does the Insurance Company Have to Send You Payment
    By WCABCalifornia in forum Insurance Company Practices
    Replies: 7
    Last Post: 02-20-2012, 04:31 PM
  3. Replies: 13
    Last Post: 11-16-2009, 08:52 AM
  4. Late Settlement Payment
    By Sockiegirl in forum New York
    Replies: 1
    Last Post: 10-01-2008, 09:47 AM
  5. Insurance Company Refused Payment To Doctor
    By rlf in forum Massachusetts
    Replies: 4
    Last Post: 07-19-2008, 09:42 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer