What If Your Workers’ Comp Check Is Late or Missing in Florida?

In this article, you can discover…

• How the payment system for workers’ comp in Florida works, and what makes it unique.
• When a workers’ comp payment is considered late, and what to do if a payment is missed.
• When to contact a workers’ comp attorney over missing or unpaid benefits.

Is There Anything Unique About Florida’s Worker Compensation Payment System?

In Florida, there is a presumption that the first week of work that you miss due to an injury in a workers’ comp claim will not be paid. Your employer’s insurance carrier becomes responsible for the second week of missed time, but only after you have been off work for three weeks or more is the first week due. Many carriers pay at the end of a two-week cycle.

Make up the first week missed So, at the end of your third week away from work, the carrier will go back and make up the second week missed, then pay on a bi-weekly cycle, at the end of the fourth week, sixth week, and so on. This means that employees off from work due to an injury linked to a workers’ comp claim won’t see benefits right away.

What Is Considered A Late Workers’ Compensation Payment Under Florida Workers’ Compensation Law?

Insurance carriers, after you have missed three weeks of work due to a workers’ comp-related injury, must dispatch a bi-weekly check at the end of each two-week pay cycle. If they do not actually dispatch the payment to you by the end of each two-week cycle, technically, the payment is late.

What Are The Most Common Reasons Workers’ Compensation Checks Are Delayed Or Missing?

Some of the most common reasons for missing or delayed workers’ comp checks are simply disorganization on the part of the Workers’ Comp

Carrier or a lack of information needed from your treating physician. In many cases, there may be a delay between you seeing a doctor who opines about your work status and your employer’s carrier actually learning about your work status, causing a delay in benefits.

Usually, missed or delayed payments are not due to a willful failure to pay, but simply a lack of information.

Attorney Matthew Romanik is an experienced, respected workers’ comp attorney serving Florida. Since 1999, he’s helped clients just like you navigate late or missing workers’ comp checks, communicate with carriers, and ensure clients get the attention and vigilance their case deserves.

Have questions, or in need of legal representation? Reach out to Working For Workers for an initial consultation today.

What Steps Should I Take Immediately If My Workers’ Compensation Check Does Not Arrive On Time?

It’s important to consider that checks arriving late are not necessarily tied to timely dispatch. Irregularities in the mail, federal holidays, and other reasons can cause checks to seem as though they are late or delayed.

If you suspect that a check is late or delayed, reach out to your workers’ comp attorney so that they can help track it down. If you do not have an attorney, it’s perfectly reasonable to politely reach out to the insurance adjuster and ask for verification that the check is at least in process or has been dispatched.

Am I Entitled To Penalties Or Back Pay For Late Florida Workers’ Compensation Benefits?

Yes. If any workers’ comp check is late (meaning it is not dispatched at the end of a two-week cycle), there is a presumption that an interest rate of 12% or $5.00 per installment applies, whichever is greater.

If your workers’ comp check is dispatched more than seven days after the date that it is due, the law imposes a 20% penalty owed to you on top of what you are otherwise owed.

Can Delayed Workers’ Compensation Payments Signal A Larger Problem With My Claim?

Not necessarily. In my experience, late or missing checks may indicate overworked adjusters or an adjuster who is not paying sincere attention to your case. Usually, the issue is not financial, but is due more to logistics.

Many adjusters are inclined to monitor payments more closely if they know that you have an attorney and that they may face attorney’s fees if they don’t pay you in a timely manner. Sometimes, it can make all the difference in the world for your adjuster to simply know that you have representation.

When Should I Contact A Workers’ Compensation Attorney About Late Or Unpaid Benefits?

After the first two or three late payments, if the adjuster can be reasonably contacted and the issue resolved, you do not normally need an attorney to reach out. But if late payments become a recurring problem and you’re concerned that you’re not getting the attention you deserve from an insurance carrier, an attorney contacting them on your behalf can encourage the carrier to be more vigilant and responsive.

Still Have Questions? Ready To Get Started?

For more information on resolving late workers’ comp checks in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (386) 229-3722 today.