Once a workers’ compensation claim has been approved, you will start receiving workers’ compensation benefits.
As a law firm with experienced lawyers in the field, we are here to offer legal advice and answer as many questions people have about earning workers’ compensation disability benefits.
How frequently should I get a check for my workers’ comp case?
According to the Workers’ Compensation Act, insurance companies should pay you your workers’ compensation check consistently with your normal paycheck. Depending on how frequently you get paid will depend on how frequently you receive your workers’ compensation check. Although some state laws require the premium of wage-loss benefits within a certain amount of time, payments submitted late is still a common occurrence. If you are collecting a partial workers’ comp check while working, be sure to store away your pay stubs during the period you are being compensated for your injury. Until your insurance company receives your wage information, there will be a delay, so regardless of the delivery method, keep your pay stubs handy.
If my check doesn’t come on time, what do I do?
Are you noticing that your insurance company is dragging their feet? If the answer is yes, the best thing to do would be to contact your comp attorney. If your insurance company submits your payment late your workers’ compensation lawyer can file a penalty petition, which helps speed up the process with your workers’ compensation insurance company.
Do you find yourself continuously receiving payments late? Start to keep a record that includes the date and check number. If your checks get processed automatically through a direct deposit system, take a screenshot of the timestamp when viewing your online bank account. Speaking with your workers’ comp lawyer and deciding upon an action to take to receive your checks promptly is recommended.
How much money will my workers’ comp check be for?
Between your state laws and your yearly earnings, a number will be determined. For example, in Pennsylvania, the law says you are entitled to 66 2/3% of your paycheck. In simpler terms, this means you get two-thirds of your usual gross wage, pre-taxed. This number does not always apply, depending on your earnings.
The below numbers have been updated as of 1/1/17 and apply, correctly, to Pennsylvania laws.
Tier One: The 66 2/3% applies here. Therefore, if you earn between $746.26 and $1,492.50, before taxes, per week, you would be eligible for the two-thirds of your weekly pre-taxed pay scenario. Do note that your maximum benefits can max out at $995 per week in pre-taxed income.
Tier Two: If you earn between $746.25 and $552.78 in a pay period, pre-taxed, your check will come to $497.50 no matter where you fall within in the above earnings range.
Tier Three: Earning less than $552.77 pre-taxed, per week would make your compensation rate 90% of your weekly income, pre-taxed.
This information was sourced from the Pennsylvania Department of Labor Workers’ Compensation page. Visit your state’s page to see how these rules may apply to you! No matter what, your earnings will fall somewhere into the specified three tiers, but the numbers may change, slightly.
Have more questions that we couldn’t answer here? You can contact the Law Offices of Craig Altman and review our workers’ compensation lawyers page more in-depth. We cover many different topics and would be happy to answer any of your remaining questions. Contact our office, by phone, at (856) 327-8899 for more information and representation.
Note: Originally published in October 2018, this content has been updated with new information for 2019.