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Toll-Free: 888-230-1841
Phone: 864-582-0416
Holland & Usry, P.A.

I’m out of work on workers’ comp, but the insurance company has refused to pay me a weekly check for over a month. Is there anything I can do?

Yes. You should probably contact a lawyer to discuss requesting a hearing to get your check. It’s bad enough you’re hurt, and it’s worse the insurance company doesn’t care whether you have money to eat and keep a roof over your head.

The insurance company can stop paying workers’ comp weekly checks under only limited situations, discussed in a link below. If the refusal to pay your weekly check is unjustified, the insurance company is required to pay what it owes you plus a 25 percent penalty on that amount. So if you prove the insurance company owes you $1,000 in weekly checks, and that refusal is unjustified, the insurance company will owe you an additional $250, for a total of $1,250.

Unfortunately, delay in getting your comp check is a regular part of most workers’ comp cases. If your checks get behind a week or two, it’s probably due to an administrative oversight or even the mail being slow. You should just keep careful track of your communications with your employer’s workers’ comp insurance carrier to make sure you get your check and give the insurer a chance to make good on a mistake. But for longstanding, outright refusals to pay, you should take action. You have legally enforceable rights and the insurance company cannot ignore you.

We’ve handled cases like this and know how desperate things can get when you don’t get a weekly check for a long time—homes can be lost and families can fall into despair. If you’re having this kind of trouble getting your check or if you’re just worried about dealing with the insurance company in any way, check out the other links on our site for free pointers and always feel free to call us at 864.582.0416 or toll-free at 888.230.1841 for a free meeting to discuss your case.

 

Rob Usry
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Rob is a South Carolina personal injury and criminal defense lawyer.

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