Did you know that the average civil lawsuit can take up to 18 months to complete? And with COVID, that timeline is likely to increase due to delays in processes and labor shortages.
While we wish it wasn’t the case, it’s possible that your employer could cut off your worker’s comp check, the longer that your case takes to settle.
Is it legal for a company to cut off an employee’s worker’s compensation? Does an employee have any options if their company stops payments? Will it cost even more money to fight for your right to proper compensation?
We answer these questions as we walk you through the steps you should take if your company attempts to cut off your worker’s comp check.
Step 1: Call for reinforcements
If your worker’s comp check has been cut off, it’s more important than ever to act quickly and have the right people at your side. In a large or struggling company, it can be easy for administrators to lose sight of how the decision to stop providing worker’s comp truly affects an employee’s ability to pay for things like rent, a mortgage payment, and groceries.
Find a partner that works with you and for you as soon as possible. At Barrister Capital, we act quickly by talking to your worker’s compensation attorney about your case and can help get to the bottom of the other details of the case (we’ll get to this in just a second).
Step 2: If you haven’t already, apply for pre-settlement funding
It’s considered an advance based on your lawsuit settlement, and it’s easy to apply for pre-settlement funding. In fact, there are no credit checks required and funds are often available in a day or less.
Pre-settlement funding is key in helping you get back on your feet. Here’s a list of just a few ways people use their pre-settlement funds. See more items on this list.
Step 3: Determine where you are in the settlement process
It’s often difficult to know where you are in the settlement process. This lack of knowledge can be overwhelming and make people think that they can “stick it out” without the appropriate worker’s comp for a little while longer until things are settled.
But, remember, it generally takes over a year, sometimes longer, for a case to settle. Determining where you are in the settlement process is essential, and it will be one of the first things that Barrister Capital will help you figure out as you pursue the worker’s comp check that you deserve.
Step 4: Confirm important details of your case
In addition to knowing the status of your case, it’s also important to know things like if you’re owed back pay and if you have an impairment rating. An impairment rating (IR) is especially important.
The IR is a percentage based on a scale of 0-100 and is used by employers and insurance companies to determine the severity of injuries, the amount of worker’s comp, how long an employee should receive worker’s comp, etc.
People often get two IRs: one from the insurance company doctor and the other from your personal doctor. It’s possible that your personal doctor can assign a higher IR than the doctor your insurance assigns, and a trusted partner can help you through the process of getting your IR.
These details are something that a good partner will help you determine after you’ve reached out to them in Step 1.
Step 5: Know that you’re not alone
Getting a notice that your worker’s comp check has been cut off can stop you in your tracks and cause a lot of stress.
We hope you know that you’re not alone in this fight for fair compensation. You have options, and there are steps you can take to ensure that you can take care of yourself and your family with the help of a trusted partner and with pre-settlement funding.
If your worker’s comp check has been cut off, reach out today to get started on your pre-settlement funding application or give us a call at 800-910-0855 and tell us about your case.