How Do I Count The Days To Determine When Settlement Check Is Due?
Now that you're your case, or part of your claim, has been resolved, the workers' compensation judge needs to approve any workers' compensation settlement which is referred to as a Compromise & Release. In order to receive the judge's approval, you will need to appear at a hearing where the judge will review the settlement. Then your attorney and your employer's attorney will ask questions to ensure that you understand the agreement. If the workers' compensation judge approves the Compromise & Release, then he or she will issue an Order approving it.
Once the Order is issued, the insurer has a maximum of thirty days to make the settlement payment that was agreed upon in the Compromise & Release. You will have the right to appeal the workers' compensation judge's Order for twenty (20) days after it is signed, so mo
If Late, File A Penalty Petition
If your employer, or its insurer, fails to issue the settlement check within thirty days, of the Judge's order, then you can file a Penalty Petition. If the Penalty Petition is granted, the workers' compensation judge may award additional money, up to 50% of the late amount, for the late settlement payment.
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