June 6, 2017

When Will I Get My First Time Loss Check?

When Will I Get My First Time Loss Check?

I get this question a lot when someone calls with a new workers' compensation claim.  The answer is pretty straightforward.

The workers' comp insurer should issue your first time loss check 14 days from their receipt of the claim as long as there is some indication you have work restrictions.  The following needs to happen for the first time loss check to issue:

1.  You file a workers' compensation claim (you can do this through your employer, your doctor, or a lawyer).

2.  Your doctor gives you work restrictions for the work injury.

The insurer must issue your first time loss check within 14 days of the above two things occurring (and the insurer receiving the related paperwork).  Your time loss should be about 66 percent of your average weekly wage, tax-free.

It is also important to know you will need to see your attending physician every 30 days for updated work restrictions in order to receive time loss.  This means your actual doctor must sign off on the work restriction, not a physical therapist, chiropractor, or physician's assistant.

Your time loss will then continue to be issued every 14 days as long as you have work restrictions.  However, if your claim is denied, time loss payments will end.

Time loss will continue to accrue while the claim is denied as long as you continue to see your attending physician every 30 days and continue to have work restrictions.  If you win an appeal of your denial, you will then be owed all this back time loss.

If you think your time loss is not being paid correctly, or if it is regularly being paid late, you will need an attorney to contest the time loss payment and try to get you a penalty.

If you have any questions, call me directly at 503-975-5535 for a free attorney consultation.

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