What if My Workers' Compensation Benefits are Delayed?
After a workplace injury, you may be concerned about getting the money you need to pay bills. If you are unable to work, you will likely qualify for workers’ compensation benefits. However, you will want to get these payments as quickly as possible.
But just like anything else, workers’ compensation claim payments can be delayed for various reasons, such as:
- Incomplete or missing documentation. If the initial injury report, medical records, or employer documentation is incomplete or inconsistent, the insurer may pause the claim until they get everything they need.
- Investigation of the claim. Insurance companies may delay in investigating the circumstances, especially if there are questions about whether the injury happened at work, if the injury is work-related, or if it occurred while the employee was intoxicated or violating company policy.
- Disputes with the employer. If the employer disputes the claim, saying the injury was not work-related or happened off-site, the claim will likely take longer to process.
- Medical evaluation delays. If the worker needs to see a company-approved doctor or get a second opinion, delays can happen while waiting for appointments, reports, or additional medical opinions.
- Claim complexity. Claims involving serious injuries, pre-existing conditions, or conflicting medical opinions often take longer to resolve because they require more review.
- Administrative backlogs. Insurance companies, especially during high-claim periods, can experience delays simply due to volume or staffing issues.
While there can be delays, workers’ compensation payments are typically paid quickly in Nebraska. Lost wages and medical expenses are typically paid within 30 days after the injury. If benefits are not paid within this timeframe, the penalties can be steep. A 50% penalty may be added to the benefits. The 50% penalty applies if there is no dispute from the employer regarding the employee’s claim for workers’ compensation benefits. The penalty may also apply when the claimant does not receive compensation within 30 days from the entry of a final order, award, or judgment of the court.
If you are experiencing lengthy delays or the insurance company is refusing to pay your claim, you can do the following:
- Contact the employer or insurer. Contact the employer or insurer to discuss the benefits that may be due.
- Request mediation. Any person involved in a workers’ compensation claim may request informal dispute resolution such as mediation to help settle an issue or an entire case without a formal hearing. This service is free of charge.
- File a lawsuit. You may be able to file a lawsuit with the court. Contact a lawyer for details.
Contact Our Omaha Workers Compensation Lawyer Today
After a serious workplace injury, an employee may not be able to work. They may rely on their workers’ compensation benefits, which can be delayed for various reasons.
If you are experiencing delays, contact an Omaha workers’ compensation lawyer from Andres Law Offices, PC LLO to understand your legal rights. Our knowledgeable workplace accident attorneys have the expertise you need to move on with your life after a serious work injury. To schedule a consultation, call (402) 491-4003 or fill out the online form.