Penalties

Workers’ compensation insurance companies are required to provide injured workers with timely benefits. There are penalties they must pay when your benefits are not paid on time. Penalties should be provided if the insurance company has:

1. Failed to pay temporary disability (T.D.) at all.
2. Failed to pay T.D. when due.
3. Failed to pay the correct amount of T.D.
4. Failed to pay permanent disability (P.D.) at all.
5. Failed to pay P.D. when due.
6. Failed to pay the correct amount of P.D.
7. Failed to pay vocational rehabilitation maintenance (VRMA) at all.
8. Failed to pay VRMA when due.
9. Failed to pay the correct amount of VRMA.
10. Failed to pay a penalty for 1-9 above.
11. Failed to authorize medical treatment.
12. Delayed authorizing medical treatment.
13. Failed to pay and/or delayed payment for prescriptions.
14. Failed to pay and/or delayed payment for mileage reimbursement.

Insurance companies will rarely tell you they owe you a penalty. In many cases, the adjuster in charge of your case does not even understand the laws related to penalties. Sometimes, when one of your benefit checks is sent late, you will receive a letter indicating that a 10% penalty has been included. Although it is nice that you have been told that you are owed a penalty, in many cases you are entitled to more that just 10% of the late check.

If you believe you may be entitled to penalties, I suggest that you complete the Free Case Review section of this website so I can review your case. I highly recommend that you speak with an attorney about your entitlement to penalties. In many cases, the penalties a highly trained attorney can obtain for you will pay for a large portion of the attorney’s fees.

You help build your case for penalties. Simply keep everything the insurance company sends you, including the envelopes your checks come in. A post-marked envelope is often compelling evidence that a check was not sent on time.

All material © 2000 The Law Office Of Jeffrey Segal

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