Like I said I waived my right and it tooh two weeks to get the judges paper work approveing it. THE 30 DAY RULE IS THAT WORKING DAY OR IS IT FROM MON.-MON.
Did you have a lawyer? If so, pick up the phone ... call them ... and ask them to call the adjuster and find out where your check is. If not, call the adjuster yourself.
What the adjuster does is authorize payment once the Order crosses their desk. After that, the checks get processed automatically and get mailed to you from who knows where. Generally speaking, I look for payment 2-3 weeks after the Judge's Order. I diary my file for 30 days and then I file a Penalty Petition. The petition is filed to get you paid, an award of penalties is just icing on the cake.
Hindsight is 20 / 20. If you needed the money ASAP, language should have been put into the C&R Agreement re: when payment would be made.
Trust that this is helpful to you.
An attorney would need to look at the language in the settlement agreement to be able to give you an accurate response. Typically, the language describing when a payment is due will specifiy whether the days are calendar days or work days, and will also specifiy when the days started counting.
The clock runs from the date the judge circulates the Order approving the settlement. Payment is not late until 30 calendar days from the date of the Order.
Not to get overly technical, but the 30 day rule is a "rule of thumb" and not law. When my client waves the appeal period, I personally believe that 20 days is sufficient to process payment. However, most judges will not grant a penalty if the check is issued within 30 days of the decision.
If you have a lawyer, check with him or her to see if there is language in the agreement in regard to payment. If you do not have a lawyer, call the adjuster, and keep calling the adjuster until you get your check.
Timothy D. Belt, Esquire Helping injured workers in Northeast Pennsylvania. [email protected] www.belt-law.com DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline