![\"What](\"https:\/\/www.allenandallen.com\/wp-content\/uploads\/2024\/02\/What-should-I-do-if-my-workers-compensation-check-is-late-300x200.jpg\")
<\/p>\n
Am I under an award order?<\/h2>\n
Your ability to enforce on-time workers\u2019 compensation payments depends on whether you are covered under an award order. This is a legal document confirming your entitlement to benefits.<\/p>\n
If the insurance company<\/a> does not dispute your claim, the workers\u2019 compensation adjuster should send you an Award Agreement to sign. Once signed and filed with the WCC, it obligates the insurer to pay your benefits on time.<\/p>\n Before signing the award agreement:<\/p>\n If you are unsure whether you have an award order, contact the WCC or check your claim status through Webfile, the WCC\u2019s online portal. If you never received an Award Agreement, request one from your adjuster immediately.<\/p>\n Without an award order, any payments you receive are voluntary, meaning the insurance company can stop or delay your checks at any time without legal consequences.<\/p>\n Receiving workers\u2019 compensation benefits is essential when you\u2019re recovering from a work-related injury. If your workers\u2019 comp check is late, it can create financial stress and uncertainty. Unfortunately, payment delays are common, and several factors could be responsible:<\/p>\n If your workers\u2019 comp insurer is not sending checks, follow these steps to determine what\u2019s happening and take action.<\/p>\n To determine if your workers\u2019 compensation payment is late, review the date range covered by your most recent check. The issue date on the check isn\u2019t what matters\u2014the key is when your last payment period ended.<\/p>\n For example: If your last check was issued on May 10 but covered wages from May 6 – May 17, your next check isn\u2019t considered late until June 1.<\/p>\n If you believe your payment is overdue, you may be entitled to a penalty for late workers\u2019 comp payments.<\/p>\n Under Virginia Code \u00a7 65.2-524<\/a>, an insurance company must issue payment within 14 days of when it is due. If they fail to do so, they must add a 20% penalty to the late payment.<\/p>\n For example:<\/p>\n If you received a check but suspect it was issued late, check the postmark date on the envelope. Most insurers use a postage meter that prints a mailing date. If the check was postmarked more than 14 days after your last payment period ended, it is considered late, and you may be owed a penalty.<\/p>\n If your workers\u2019 comp check is missing or delayed, take action by contacting your adjuster, checking your award status, and documenting any late payments. If your insurer continues to delay payments, a workers\u2019 compensation attorney can help you file a claim and recover any penalties owed.<\/p>\n If your workers\u2019 compensation checks keep arriving late or have stopped altogether, consider these steps:<\/p>\n If your workers’ comp check is late, you may be entitled to a penalty for late workers’ comp payments under Virginia law. The state has strict guidelines to ensure injured workers receive their benefits on time, and employers or insurance companies that fail to comply can face financial penalties.<\/p>\n Under law, if a workers\u2019 compensation payment is not made within 14 days after it becomes due, the insurance company must pay an additional 20% penalty on the unpaid amount.<\/p>\n This law is designed to discourage delayed payments and ensure that injured workers receive their compensation without unnecessary financial hardship. However, penalties only apply to payments that are made under an Award Order from the Virginia Workers\u2019 Compensation Commission (WCC).<\/p>\n The 20% penalty applies only to the amount that is overdue, not to the entire sum of all past payments. Here\u2019s how it works:<\/p>\n While Virginia law imposes penalties for late payments, there are certain situations where a penalty does not apply:<\/p>\n If your workers’ comp insurer is not sending checks on time, follow these steps to request the 20% penalty:<\/p>\n If you haven\u2019t received your workers’ compensation check and the insurer is ignoring your claims, legal action may be necessary.<\/p>\n If you have settled your workers\u2019 compensation claim, the insurance company is legally required to issue your payment within a specific timeframe. However, delays are common, leaving many injured workers wondering where their settlement check is while still dealing with medical bills<\/a>, lost income, and other financial hardships.<\/p>\n Under Virginia law, the workers\u2019 compensation insurer has 44 days from the date the Virginia Workers\u2019 Compensation Commission (WCC) approves the settlement to issue your payment.<\/p>\n This timeline includes:<\/p>\n If the insurance company fails to send payment within 44 days, they may be required to pay a penalty for late workers’ comp settlement payments.<\/p>\n Under Virginia law, if the workers\u2019 comp settlement check is late, the insurance company must pay a 20% penalty on the total settlement amount.<\/p>\n For example:<\/p>\n The penalty applies automatically, but you may need to take action to enforce it.<\/p>\n If you are struggling with late workers\u2019 compensation payments, dealing with an insurer not sending checks, or wondering why your workers\u2019 comp check is late, you don\u2019t have to handle it alone.<\/p>\n At Allen & Allen, our experienced Virginia workers\u2019 compensation attorneys fight to ensure injured workers receive the payments they deserve\u2014on time. We can help you file claims, demand penalties, and take legal action if necessary. We can also assist if you\u2019re having problems negotiating a fair workers\u2019 comp settlement or receiving the settlement you agreed to.<\/p>\n\n
What if my workers\u2019 compensation check is late?\u00a0
![\"Worker](\"https:\/\/www.allenandallen.com\/wp-content\/uploads\/2024\/02\/Worker-Compensation-payment-is-late-300x200.jpg\")
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Review your last payment<\/h3>\n
Determine the due date<\/h3>\n
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Look for a postmark date<\/h3>\n
Haven\u2019t received your workers’ compensation check? Here\u2019s what to do<\/h2>\n
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What is the penalty for late workers’ comp payments?<\/h2>\n
How the 20% penalty works<\/h3>\n
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When the late payment penalty does not apply<\/h3>\n
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How to claim a penalty for a late workers\u2019 comp check<\/h3>\n
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What if my workers\u2019 comp settlement check is late?
![\"Workers](\"https:\/\/www.allenandallen.com\/wp-content\/uploads\/2024\/02\/Workers-compensation-payment-check-300x200.jpg\")
<\/h2>\nHow long does an insurance company have to pay a workers\u2019 comp settlement?<\/h3>\n
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Penalty for a late workers\u2019 comp settlement check<\/h3>\n
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Need help? Contact a Virginia workers\u2019 compensation lawyer<\/h2>\n