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Thread: No Pay

  1. #1
    Join Date
    Aug 2012
    Posts
    19

    Angry No Pay

    Hello all,

    I was injured in July of this year. I have been off work since then and I am still off work. I have not received wage replacement from WC. The first Doc took me off work until I could be seen by a specialist which in total was 11 days.

    The workmen's comp person kept trying to get me to go back to work before seeing the specialist. I did not return to work and I finally got in to see the specialist who kept me off work as well. I have been off work for over a month without seeing any wage replacement. Yes, they are paying the medical bills but that is it. What is the next step I can take?

  2. #2
    Join Date
    Oct 1971
    Posts
    5,087

    Default Re: No Pay

    othersdeofthru
    I was injured in July of this year. I have been off work since then and I am still off work. I have not received wage replacement from WC.
    They have 30 days to establish your wage, they pay every two weeks so give it 44 days to receive the first check
    After that, you should receive a check every two weeks, call the adjuster and see what's going on.
    At the first sign of problems, have no further contact and hire an attorney - do not argue with the adjuster or the employer.

    See pg.5 in the below link to a downloadable file.

    Temporary Disability - Accepting or Denying a Claim
    Within 21 days of notification from the ICA that a claim has been properly filed for workers’ compensation benefits, the first payment of compensable temporary total disability compensation shall be processed. This includes issuing the initial Notice of Claim Status and Wage Calculation (108). If wage information is not available, a temporary wage will be set. Actual wage must be established within 30 days of the initial Wage Calculation (108).
    Subsequent payments will be made every 14 calendar days during the period of temporary total disability, upon confirmation of the ongoing disability from the attending physician. A phone call should be made to the injured worker to also confirm continued time loss.
    If the injured work lost less than 14 calendar days, the first 7 days are not compensated. These uncompensated 7 days shall be paid, if the injured worker subsequently loses additional time from work totaling 14 day and the first 7 days were consecutive calendar days
    https://www.google.com/url?sa=t&rct=...lBk5o4RcjEITIw

    Claims Division
    (Including The Ombudsman's Office)
    https://www.azica.gov/divisions/claims-division

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,767

    Default Re: No Pay

    You need to make sure your claim has been "properly filed." That does not necessarily mean, "reported to my employer." It probably means, "I have filed the proper paperwork with the state agency that oversees workers' comp claims."
    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 and Board Certified Specialist in NC Workers' Compensation Law

  4. #4
    Join Date
    Aug 2012
    Posts
    19

    Default Re: No Pay

    They have 30 days to establish your wage, they pay every two weeks so give it 44 days to receive the first check
    After that, you should receive a check every two weeks, call the adjuster and see what's going on.
    At the first sign of problems, have no further contact and hire an attorney - do not argue with the adjuster or the employer.[QUOTE]

    I have yet to receive a wage statement or any documentation on my claim from either the adjuster or ICA. I did call to find out what was going on and they have paid some wages but refuse to pay from start of restriction. The reason given was work was available, despite documentation from their physicians that state I am restricted from working.

    Thank you for the advice and all you do for us!

    othersdeofthru

    complwyr:

    I have ensured that the claim was properly filed through the ICA and accepted.

    Thank you

    Othersdeofthru.

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