Georgia Law Blog

The Check's In The Mail? Where is my workers' compensation check? One of the most common complaints I hear from clients as a Georgia workers' compensation attorney is that their weekly checks are, well, not coming weekly.  In some cases, they never come at all.  Any way you look at it, not sending checks as required is a violation of the law. It's really that simple, yet insurance companies always have explanations for not sending out checks in a timely fashion.  I have heard the gambit of excuses ranging from computer glitches, adjusters on vacation,  new adjusters assigned to the case, the check was sent, "system" changes, and other assorted excuses.

THE LAW - - It's really pretty straight forward:

O.C.G.A. 34-9-221(b) The first payment of income benefits shall become due on the twenty-first day after the employer has knowledge of the injury or death, on which day all income benefits then due shall be paid. Thereafter, income benefits shall be due and payable in weekly installments; provided, however, that the board may, in its discretion, authorize payments to be made in different installments if it determines that this would be beneficial to all parties concerned. Such weekly payments shall be considered to be paid when due when mailed from within the State of Georgia to the address specified by the employee or to the address of record according to the board. Such weekly payments shall be considered to be paid when due when mailed from outside the State of Georgia no later than three days prior to the due date to the address specified by the employee or the address of record according to the board.  Such weekly payments shall be considered to be paid when due at the time they are made by electronic funds transfer to an account specified by the employee.

REALITY: Could you imagine getting pulled over for speeding and blaming your cruise control device?  Of course not.  What if the penalty for speeding were so small that it did not make you not speeding?  That is precisely the problem with workers' compensation checks not being sent on time.

The penalty for not sending checks on time is a 15% penalty in Georgia.  I have spoken to attorneys in other states with harsher penalties and wonder if Georgia law should impose penalties that actually encourage compliance with the law.  While is it possible to request civil penalties and attorneys' fees, they are often not granted.  Furthermore, they do not help the Claimant as the civil penalties are to be paid to the State Board of Workers' Compensation and the attorneys' fees are paid to the attorney for having to bring a motion.

I wonder how often this would be an issue if the penalty were 50% or 75% instead of a mere 15% penalty?  I wonder quite often how I could be spending more time on important issues to advance my client's case.

My advice to injured workers is that they or their attorney should have a plan of action to address this problem.  For me, I give my clients a letter and suggest they keep a copy of all checks, pay stubs, and envelopes as evidence. I have standard letters I send routinely when checks are behind.  A word to the wise: insurance companies are quick to send out copies of pay-out screens showing the date and amount of checks allegedly sent.  What I have found is that when I receive the copies of checks, pay stubs, and envelopes, they tell a much different story.