All parties involved in my workers compensation case have agreed on a settlement. When we were in court for the judge's approval, he told me that he would have his agreement filed within 10 days. Then after his agreement was filed that my employer had 20 days for right to appeal. My lawyer told me to waive my right to appeal because it would speed things up a little. Yesterday I finally received a letter from the judge for his agreement. So does my employer/insurance company have still have the 20-30 days to send my settlement, and the judges agreement is well over the 10 days that he stated. It's been 22 days since we were in court.
Workers' Compensation Lawyer
If you had not waived your right to appeal, you would now have to wait another 20+ days before the employer would even begin to process payment (which would probably take up to 20-30 additional days).
Because you waived the right to appeal (a good recommendation from your attorney), now that the order has been issued, the employer should begin processing the settlement check. However, it may take up to another 20-30 days before you get the check. If you are in trouble financially because of the delay, you may want to let your attorney know about the hardship. Otherwise, if you do not receive your check in the next 20 days or so, let your attorney know.
For all practical intents and purposes, there is no limit on how many days a Workers' Compensation Judge (WCJ) has to render his or her decision on a Compromise & Release (settlement). Most WCJs render their decision in a matter of days, the vast majority within a week. Sometimes the parties will use a "bench order," which allows the WCJ to sign an order at the time of the hearing, and have payment made from that. The latest case from the Supreme Court of Pennsylvania on this issue said that the insurance carrier did not have a certain grace period to pay the compensation. Whether too much time has passed to be reasonable in your case is a discussion you must have with your attorney.
If the Judge has already signed the Order, generally they have 30 days from the date of the Approval of the C&R to issue payment. You would have to look at the specific language in the settlement document. I agree with the previous answer that if you are in a hardship position, you shoud contact your attorney to see what they can do to speed up the process.
Take a look at the settlement agreement, as the time frame should be listed on this document. The clock will not begin to run, until the Judge approves the settlement and issues his or her order.
Please be advised that the advice provided does not create any attorney/client relationship; that due to the various state laws that the information provided is a general overview of work comp law, which might not be applicable to you, based upon the laws of your state. We will not file anything on your behalf nor protect any statute of limitations which might arise and recommend that you IMMEDIATELY consult legal counsel for advice.
The insurance carrier has 30 days from the date of issuance of the Judge's decision to send you your share of the settlement proceeds. Often times the insurance company will send these funds sooner if you waive your right to appeal. If you do not receive the settlement proceeds in 30 days, you should immediately contact your attorney.
The advice provided does not create an attorney/client relationship. The within information contained herein is a general overview and does not apply to all states or situations as state laws vary. Every situation is different and the advice herein may not be applicable to your state. We have not undertaken representation of you and we will not file anything including, but not limited to, pleadings or petitions on your behalf. We will not protect any statute of limitations, which may exist in your state. We recommend that you consult with an attorney for legal advice, so that your specific concerns and situation can be analyzed by a legal professional in your state.