If you rely on workers’ compensation benefits to cover your lost wages and medical expenses, receiving a late check can be frustrating and financially stressful. Workers’ compensation insurance companies are legally required to make payments on time if you have an open wage loss award from the Virginia Workers’ Compensation Commission (WCC). When they fail to do so, you may be entitled to a penalty for late workers’ comp payments.
Despite these requirements, however, many injured workers find themselves asking: “What should I do if my workers’ compensation check is late?” or “Why is workers’ comp not sending checks?” Understanding your rights and the steps you can take can help you get the compensation you are owed.
Read on to learn more about what can cause delayed checks and your rights and options as an injured worker. For specific advice and guidance with your case, contact a Virginia workers’ compensation attorney today for a free consultation.
Am I under an award order?
Your ability to enforce on-time workers’ compensation payments depends on whether you are covered under an award order. This is a legal document confirming your entitlement to benefits.
If the insurance company does not dispute your claim, the workers’ compensation adjuster should send you an Award Agreement to sign. Once signed and filed with the WCC, it obligates the insurer to pay your benefits on time.
Before signing the award agreement:
- Verify that all injured body parts are correctly listed.
- Confirm that your average weekly wage is accurate.
- If everything is correct, sign and return it to the insurance adjuster quickly.
If you are unsure whether you have an award order, contact the WCC or check your claim status through Webfile, the WCC’s online portal. If you never received an Award Agreement, request one from your adjuster immediately.
Without an award order, any payments you receive are voluntary, meaning the insurance company can stop or delay your checks at any time without legal consequences.
What if my workers’ compensation check is late? 
Receiving workers’ compensation benefits is essential when you’re recovering from a work-related injury. If your workers’ comp check is late, it can create financial stress and uncertainty. Unfortunately, payment delays are common, and several factors could be responsible:
- Mailing delays: The check may have been sent on time but got delayed by the postal service.
- Processing issues: Adjusters handling multiple cases might fall behind on processing payments.
- Insurer delays: Some insurance companies intentionally delay payments to save money.
- Bank or address changes: A recent address update or change in direct deposit information could cause a disruption.
- Disputed benefits: If your employer or insurer is contesting your claim, they might stop payments.
If your workers’ comp insurer is not sending checks, follow these steps to determine what’s happening and take action.
Review your last payment
To determine if your workers’ compensation payment is late, review the date range covered by your most recent check. The issue date on the check isn’t what matters—the key is when your last payment period ended.
For example: If your last check was issued on May 10 but covered wages from May 6 – May 17, your next check isn’t considered late until June 1.
If you believe your payment is overdue, you may be entitled to a penalty for late workers’ comp payments.
Determine the due date
Under Virginia Code § 65.2-524, an insurance company must issue payment within 14 days of when it is due. If they fail to do so, they must add a 20% penalty to the late payment.
For example:
- If your weekly workers’ comp check is $800, the insurer would owe you an extra $160 if payment is late.
- If you receive payments biweekly, only the overdue portion qualifies for the penalty.
Look for a postmark date
If you received a check but suspect it was issued late, check the postmark date on the envelope. Most insurers use a postage meter that prints a mailing date. If the check was postmarked more than 14 days after your last payment period ended, it is considered late, and you may be owed a penalty.
If your workers’ comp check is missing or delayed, take action by contacting your adjuster, checking your award status, and documenting any late payments. If your insurer continues to delay payments, a workers’ compensation attorney can help you file a claim and recover any penalties owed.
Haven’t received your workers’ compensation check? Here’s what to do
If your workers’ compensation checks keep arriving late or have stopped altogether, consider these steps:
- Contact your adjuster: Politely ask for a status update on your missing payment.
- Check your award status: Confirm that you are still covered under an Award Order.
- Gather documentation: Keep copies of past checks, envelopes, and correspondence with your adjuster.
- Request a penalty payment: If your check is more than 14 days overdue, notify the adjuster that you are owed a 20% penalty.
- File a complaint with the WCC: If the insurer refuses to pay, you can formally request enforcement.
What is the penalty for late workers’ comp payments?
If your workers’ comp check is late, you may be entitled to a penalty for late workers’ comp payments under Virginia law. The state has strict guidelines to ensure injured workers receive their benefits on time, and employers or insurance companies that fail to comply can face financial penalties.
Under law, if a workers’ compensation payment is not made within 14 days after it becomes due, the insurance company must pay an additional 20% penalty on the unpaid amount.
This law is designed to discourage delayed payments and ensure that injured workers receive their compensation without unnecessary financial hardship. However, penalties only apply to payments that are made under an Award Order from the Virginia Workers’ Compensation Commission (WCC).
How the 20% penalty works
The 20% penalty applies only to the amount that is overdue, not to the entire sum of all past payments. Here’s how it works:
- If you are owed $800 per week in benefits and your check is more than 14 days late, the insurer must pay you an additional $160 as a penalty.
- If your benefits are paid biweekly at $1,600 and only one week of that payment is late, the penalty applies only to the late portion (i.e., $800 × 20% = $160).
- If your insurer fails to pay multiple late checks, you may be entitled to penalties for each late payment.
When the late payment penalty does not apply
While Virginia law imposes penalties for late payments, there are certain situations where a penalty does not apply:
- Voluntary payments without an award order: If your workers’ compensation benefits are being paid voluntarily without a formal Award Order, the insurance company is not legally obligated to continue payments or pay a penalty if they stop.
- Disputed claims: If your employer or insurer disputes your claim and has not been ordered to pay benefits, penalties will not apply until the WCC formally grants you an Award Order.
- Mailing delays: If the insurer mailed the check on time but it was delayed by the postal service, the payment is not considered late under the law.
- Banking or address errors: If a check is delayed due to incorrect banking information or a change of address, this does not automatically entitle you to a penalty.
How to claim a penalty for a late workers’ comp check
If your workers’ comp insurer is not sending checks on time, follow these steps to request the 20% penalty:
- Check your payment records: Review your most recent workers’ comp checks and confirm the date range covered by the last payment.
- Check the postmark date: Look at the envelope your check came in. The postage meter date will indicate when the insurer mailed the check.
- Contact your adjuster: If your payment is more than 14 days late, inform your insurance adjuster and request the 20% penalty. Many insurers will issue the penalty voluntarily if they realize they are in violation.
- File a claim with the Virginia Workers’ Compensation Commission: If the insurance company refuses to pay the penalty, you can file a formal penalty request with the WCC.
- Consult a workers’ compensation attorney: If you experience repeated late payments or difficulty enforcing the penalty, an attorney can help you file a claim and demand additional legal penalties.
If you haven’t received your workers’ compensation check and the insurer is ignoring your claims, legal action may be necessary.
What if my workers’ comp settlement check is late?
If you have settled your workers’ compensation claim, the insurance company is legally required to issue your payment within a specific timeframe. However, delays are common, leaving many injured workers wondering where their settlement check is while still dealing with medical bills, lost income, and other financial hardships.
How long does an insurance company have to pay a workers’ comp settlement?
Under Virginia law, the workers’ compensation insurer has 44 days from the date the Virginia Workers’ Compensation Commission (WCC) approves the settlement to issue your payment.
This timeline includes:
- A 30-day reconsideration period: Either party can request to vacate (undo) the settlement within 30 days after WCC approval.
- 14 additional days for payment: Once the settlement becomes final after 30 days, the insurer has another 14 days to send your check.
If the insurance company fails to send payment within 44 days, they may be required to pay a penalty for late workers’ comp settlement payments.
Penalty for a late workers’ comp settlement check
Under Virginia law, if the workers’ comp settlement check is late, the insurance company must pay a 20% penalty on the total settlement amount.
For example:
- If your workers’ comp settlement is $50,000, a late payment could result in an additional $10,000 penalty.
- If your settlement is $100,000, the insurer would owe you an extra $20,000 if they fail to pay on time.
The penalty applies automatically, but you may need to take action to enforce it.
Need help? Contact a Virginia workers’ compensation lawyer
If you are struggling with late workers’ compensation payments, dealing with an insurer not sending checks, or wondering why your workers’ comp check is late, you don’t have to handle it alone.
At Allen & Allen, our experienced Virginia workers’ compensation attorneys fight to ensure injured workers receive the payments they deserve—on time. We can help you file claims, demand penalties, and take legal action if necessary. We can also assist if you’re having problems negotiating a fair workers’ comp settlement or receiving the settlement you agreed to.
Call 866-388-1307 today for a free case evaluation. Let us help you secure your rightful compensation.
