January 20, 2012

When Does the Insurance Company Have to Pay You Time Loss in a Workers' Comp Case?

Knowing when the insurance company has to pay you time loss can be tricky.   But time loss is important because it is how you are paid while out of work for a denied workers' comp claim.

First, what is time loss?

Time loss is money your employer's workers' comp insurer has to pay you to make up for the wages you are not being paid while you are out of work for your injury.  Time loss is paid at a rate of two thirds of the average weekly wage you earned (before taxes) for the last year at your job.  Time loss is tax-free, but child support is taken out if you have a garnishment.

When is time loss owed to you?

You are owed time loss for all the time you have missed work for your injury, assuming you have a work release (for full release or light duty) from your doctor.  However, there are a couple of exceptions.  Time loss is not owed for the first three days you are off work (called the "three day waiting period").  It is also not owed if your claim is denied within 14 days after it is filed.  If your claim is denied more than 14 days after you file it, time loss is due until the date of the denial.

Also, remember that if you have a denied claim, you should contact an attorney to help you appeal it.  If your denial is reversed, the insurer will have to pay you all your back-owed time loss while the workers' compensation claim was in denied status.

If you have any other questions about time loss or your workers' compensation claim, feel free to call me directly at 503-975-5535.  We can chat on the phone or set up a free consultation at one of my offices.  There is also more information at www.oregonworkinjury.com