What Are the Penalties for Not Receiving Workers' Compensation?

Описание: This Week on Saturdays with Sam: Penalties for Not Receiving Workers’ Compensation

This week, Sam talks about penalties for not receiving workers’ compensation. When you make a successful claim, a court order is given. From the date of the court order, the insurance company only has sixty days to make the payment. If insurance companies don’t pay, as an attorney, you can file a motion to enforce the original judgement, which will give you a new court date. Once you file that motion, ideally, the insurance companies will have to pay by the time the next date comes around. If the insurance company fails to meet the deadline, the judge can slap the companies with penalties and fees for not paying the workers’ compensation. Then the judge can force them to comply with an even shorter deadline (usually ten days). If they still don’t pay, another motion to enforce can be brought forth, and the penalties for not paying worker’s compensation will stack up for the insurance companies—something they will want to avoid.

However, Sam acknowledges that this process alone won’t get you the money you deserve. In the event of an insurance company refusing to pay no matter how high the penalties stack up, the judgement will be docketed and brought to the superior court. Fortunately, however, this is a rare occurrence, the largest-known case being with disputes between workers and the city of Trenton, NJ.

Another question regarding workers’ comp is how you will receive your money: Will it be all upfront, or will it be in a series of payments? Depending on the case, the answer will vary. You settle a case, and the insurance company closes it out, you will receive your money upfront in one lump sum. If you win your case by a percentage disability (i.e. you are 10% disabled due to a shoulder injury), you will receive your payment over a certain period of weeks. Additionally, depending on when you received your first check after you got hurt, you can earn the money accrued since on top of any additional funds you may be owed. The higher the percentage of disability, the larger the amount you are entitled to, and the longer the pay period. Remember that there’s a two-year window after receiving your last benefit in which you can reopen your case.

Please note that in regards to social security disability and workers’ compensation, they CAN overlap! Keep in mind, however, that if they do overlap, social security disability can be reduced. However, if you are found to be totally disabled (never work again), social security benefits will stay the same, but workers’ comp will go down.