How Long Does It Take to Get My Workers' Comp Check?

When the employer or insurer admits the employee’s right to compensation, the first installment of compensation becomes due on the 14th day after the employer has written or actual notice of the injury or death, on which date all compensation then due should be paid. After that workers’ comp checks are usually paid weekly.

Reporting the Injury

State rules expect you to report the work accident as soon as possible. Written notice within 30 days keeps the claim on track (N.C.G.S. § 97-22). The sooner you report the injury, the sooner your workers’ comp benefits can begin. If there is a good reason why you did not give the employer written notice within the first 30 days, the Industrial Commission will usually waive that issue.

Insurer Response

Your employer or their insurer is supposed to tell you within 14 days after it receives your notice of injury whether it will accept or deny your claim. However, that rule is rarely enforced. The decision of whether or not to pay a claim may be delayed if the insurance company needs more time to investigate your claim before accepting it (N.C.G.S. § 97‑18). They can even start paying you while they investigate and can still deny the claim within 90 days.

Accepted Claims

If they accept your claim, the insurer’s first payment to you is due on the 14th day after receiving notice. If they have not cut a check for you within the first 14 days, it’s time to hire a lawyer to help you enforce your rights. You may be due a 10% penalty that the Industrial Commission may assess on the insurance company.

Workers’ compensation benefits in North Carolina are typically paid weekly. However, the Commission can allow for monthly payments in some cases.

Late Checks

It is very common for insurance adjusters to stop paying checks for a period of time without any apparent reason at all. It is important to keep the check stub for all workers’ comp checks. It doesn’t matter which day the check usually comes in the mail. What matters is the dates the last check covered. That will be printed on the check stub. After 14 days from the last date the last check covered, the next check is late and can begin to incur a 10% penalty for all past due amounts.

Sometimes, if the adjuster is just not responsive, your attorney must file a motion to compel the insurance company to pay your checks and to pay them on time in the future. The Commission will usually grant those motions and issue an order for the insurance company to pay the checks within 10 days along with a 10% penalty.

Settlement Checks

At some point along the way you and your attorney may negotiate a compromise settlement agreement (clincher). After you have settled your claim and the NC Industrial Commission has signed off on your settlement agreement, you should get your settlement check from workers’ comp within 10 days of the award notice. However, because of an unfortunate reading of two statutes, the Commission will not assess a 10% late penalty until 26 days after the clincher is approved.

Denied Claims

If your claim is denied, you should contact a workers’ compensation attorney right away. They can gather the details about your accident, collect appropriate evidence, and argue your case to the workers’ comp insurer. If the insurer still denies your claim, your lawyer can file a Form 33 Request for Hearing to get your case in front of the North Carolina Industrial Commission. Unfortunately, it usually takes months to get to the hearing, and decisions are not made at the hearing itself, but months later after depositions are taken and the parties have submitted brief and proposed opinions and awards. And then either party can decide to appeal the decision to the Full Industrial Commission, which can take an additional 10 months to two years.