Holiday Horrors: Late and Missing Checks

 

  • Does the following sound familiar?  You've checked the mailbox for the third time in an hour.  You finally see the postal carrier  drive down your street,   but  he does not  leave a compensation check in your mailbox.  You wave him down and angrily interrogate him  about whether your check could be lost or stolen.  Your briefly contemplate committing a  federal offense by taking the postman hostage until you get your miserable, but necessary check.  Instead, you stomp back into your house and call your  adjuster for the sixth time.  The adjuster never picks up the phone when you call, so you  leave another pleading message to overnight you a temporary total disability check so that you can pay your bills on time and buy groceries.  

What the heck is up with late and missing checks during the holidays?  It seems that for every  federal holiday without mail delivery, compensation checks are delayed by at least  three days. 

Here's what to do:

1. Look at the stub that was attached to your last TTD check.  Find what time period was covered by the last comp check, and then look at the date the check was issued.  This will help you determine whether your check is truly late, or whether you were just hoping it would come earlier than usual. Also, make sure that you sent in the request for compensation form or the physician's progress report that takes you off work, entitling you to another compensation check.

2. If your check is more than two days late, leave a polite phone message, and only one message, with your adjuster.   You want your adjuster to want to help you, and leaving threatening messages only moves your claim to the bottom of the adjuster's stack of things to do.  Understand that the adjuster may have correctly done her job to have your check processed on time, but that it may not have been mailed on time from a location in another state.

3. If your check is more than three days late, and you get a response from the adjuster that your check was sent on time, you have to decide whether to wait another day or two, or request a stop payment on the old check.  Usually, the check will show up in another day or two.  If you request stop payment and receive the old check before you receive the re-issued check, you may not cash the first check.   Whether you request a stop payment depends on whether you trust the adjuster that the check was in fact mailed on time.

4. Call your creditors to let them know that your compensation check is late, and that your payment will therefore be late.  Even if the creditor is not sympathetic, it is still better to let creditors know of your situation. 

5. Before the next federal holiday, you might send your adjuster a friendly reminder to please process your check a day or two early so that it does not arrive late.

6. If your adjuster is habitually late in sending your checks, keep the envelopes and copies of your check stubs, and attach them to a complaint letter to DIR.

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Work-Related Car Accidents: Do You Need a Personal Injury Lawyer, A Workers Comp Lawyer, or Both?

Work-Related Car Accidents: Do You Need A Personal Injury Lawyer or  A Work Comp Attorney?

Many people have jobs that require that they drive while working, and that means they are at risk for job-related car accidents.   If the accident and injury is caused by the fault of someone who is not your employer or not a co-worker, then in addition to a workers' compensation claim, you may also have a third-party liability claim.  (The term "third-party" refers to someone who is not a co-employee or not your employer.  Remember that you may not sue your employer or a co-worker for any job-related accident and injury to you.)

If you are injured in a car accident while you are working, you need to follow the ordinary steps for establishing a workers' compensation claim.  You must notify your employer in writing of your accident and injuries, and most importantly, you must go where your employer directs you to go for initial care and to  complete the Claim for Compensation C-4 form.  It is the C-4 form that starts the workers' compensation claim process.   You will want to do this even though the person who hit your vehicle was at fault for the accident so that you have immediate medical and compensation benefits available to you under a workers' compensation claim.

A liability claim involving the insurance company of the person who hit you may take months or years to be resolved.  Liability insurers do not pay on a claim until you are done treating and  you know the full extent of your injuries so that you can  demand for a total settlement.  Additionally, you may not have accurate information about the amount of liability insurance available to pay you, the workers' comp insurer,  and any other people who were injured in the accident.

Many attorneys who take only personal injury cases are unfamiliar with the workers' compensation system in Nevada.  Personal injury cases are tried before experienced arbitrators, district court judges, or juries in Nevada, depending on how serious the injuries are and how much money is involved.  Disputed workers' compensation cases are decided by appointed hearings officers and appeals officers employed by the Department of Administration in min-sized courtrooms on S. Rancho Blvd.

Ideally, any attorney you hire to represent you on your personal injury claim against the person who is at fault for the accident should also  be knowledgeable about Nevada workers' compensation law.  Too many injured workers  unnecessarily pay for medical bills from the settlement monies they receive from the third party insurance company when these bills could have been paid by the workers' compensation insurer.  Be sure to ask your personal injury attorney whether you should be going to a doctor who on your workers' compensation provider list so that the medical bills are not deducted from your personal injury  settlement.

The other big advantage to having a workers' compensation claim established instead of  just a personal injury claim, is to get paid compensation benefits to support you and your family if you are unable to work.  If you don't also  have a work comp claim, then you will have to borrow money for your living expenses until you settle or go to court on your personal injury lawsuit.

It is true that if you have a work comp claim also, the work comp carrier is legally entitled to share any  money you receive from the liability insurer .  This is called a subrogation lien.  However, even though the work comp insurer will have a lien, it is still usually better for the injured worker to have both a workers' comp claim and a personal injury claim.  If you like a particular personal injury attorney, but he or she tells you that they will not be handling the workers'  compensation portion of your claim, ask for a recommendation of a lawyer who is experienced in workers' comp law.  Get reliable information quickly on the workers' comp aspect of your claim, as time limits run quickly . It is not unusual for injured workers to have different kinds of attorneys representing injured workers who have work-related car accidents.