Under Minnesota Statutes, every employer is required to provide their employees with workers’ compensation insurance either through self-insurance or a policy with a licensed insurance company.
If your employee has suffered an injury at work, filing for a workers’ compensation claim and getting it approved would be their next steps.
However, workers’ compensation involves certain steps that employers and insurance companies have to go through. Delays during this process are possible.
There are ways to know the status of a workers’ comp check. This helps your employee pay for medical bills or provide for their family, especially when they are out of work.
In this article, we will explore how to track the progress of your employee’s workman’s comp insurance in St. Paul, MN, and ensure that they receive it on time. Keep reading to learn more.
Claim Process of Workers’ Compensation
After the employee has reported an injury, you must complete the First Report of Injury (FROI) form. Employers have 10 days from their knowledge of a lost-time claim to report it to their workers’ compensation insurance company.
The insurer must file the FROI form with the Department of Labor and Industry if the employee’s disability lasts for more than three calendar days.
The injured employee must receive a copy of the FROI form in a lost-time claim from the employer or its insurer.
In Minnesota, the waiting period for workers’ compensation begins on the first day of any lost time, which is three calendar days long. Injured workers are not paid wage-loss benefits for the waiting period unless their disability continues for ten calendar days or longer.
For temporary total or temporary partial disability cases, no compensation is allowed for the three calendar days after the commencement of disability.
If employee disability continues for ten calendar days or longer, their compensation is computed after the disability commenced.
When Will Employees Receive Their Check?
Knowing when your employees will get their workers’ comp settlement check depends on several factors. It generally takes six to eight weeks, from initial settlement discussions to getting their settlement check in hand.
Negotiation, signing of settlement documents, and a redemption hearing with a magistrate can all add approximately three to four weeks to the process.
There is also a 15-day appeal period once settlement has been approved, which can be waived if both sides agree. Then, they can expect their settlement check to arrive in seven to ten days sent via U.S. mail.
How Often Should Workers’ Comp Checks Come?
Workers’ comp checks come in the same increments as when your employees are getting their regular wages. If they are paid bi-weekly, they should receive their check every two weeks on the designated day by the insurance company.
However, checks may not always arrive on the same day because of fluctuations in the U.S. Post Office.
Tracking A Workers’ Comp Check
The insurance company can provide information regarding the status of an employee’s workers’ comp check. The adjuster or claims representative can confirm with their bank to see if the check has cleared or not.
It is best to contact a workers’ compensation lawyer to determine how to proceed if the insurance company is dragging its feet. They can help identify the cause of payment delay and work to speed up the process of getting the check.
In most states, there are provisions that enable workers’ comp lawyers to take the necessary action regarding late payments. If the insurance company fails to pay on time, an injured worker may be entitled to specific penalty money.
Although payments should be made promptly, late payments are also very common. If an employee hasn’t received their check yet, it could be delayed due to various reasons. There are possible steps to take depending on their situation.
Late Workers’ Comp Checks
If there’s a pattern of lateness in receiving payment, an injured employee’s file may be reviewed for possible penalty assessment.
There are available penalties for late payments of temporary partial disability or ongoing temporary total disability benefits. They require proof that more than three payments were issued late for more than three business days.
The penalties against the insurance company may be payable to the injured employee. The penalty amounts are determined by the percentage of benefits delayed (ranging from 6 to 30 percent) and the length of the delay.
Denied Workers’ Comp Benefits
In some cases, workers’ comp benefits are denied or a hearing is requested. This circumstance leads to many injured workers struggling to pay their bills, as it can take longer to get their settlement check or benefits.
If the insurer has denied liability for workers’ comp claim, the employee’s case must be settled first before receiving payment.
If the case requires a hearing, it takes 60 days for the judge to make a decision. Following the judge’s decision, the insurer has 14 days to pay.
Discontinued Workers’ Comp Benefits
Workers’ comp checks may also be discontinued due to certain circumstances. Some common reasons for discontinuance include:
- The employee has returned to work
- The employee has no work restrictions
- The medical doctor says the employee doesn’t need work restrictions
Before discontinuing benefits, the insurer must issue a Notice of Intention to Discontinue Workers’ Compensation Benefits (NOID). They need to state a “reasonable basis” for the discontinuance on the form.
If an employee stopped receiving benefits without a NOID form, they may seek the help of a workers’ comp lawyer. They can request a conference to discuss the discontinuance of benefits.
Once the judge finds that there was an improper discontinuance, the wage-loss benefits will be reinstated. The insurer has 14 days to mail the workers’ comp check from the date of the order.
Hire an Experienced Workers’ Comp Lawyer in Minnesota
Dealing with a workers’ compensation claim is a complex legal process. You can benefit from having a trusted and experienced lawyer by your side who will serve your best interests.
At the Osterbauer Law Firm, our workers’ compensation lawyers are committed to helping injured workers in Minnesota secure their benefits and workers’ comp checks.
Call us today at 612-334-3434 if you need assistance with workman’s comp insurance in St. Paul, MN.