Posted by Gary Burger on May 30, 2017 in Workers' Compensation
What do you do if you’re injured on the job and your employer will not pay you your Temporary Total Disability payments or your TTD payments? Well, there are a number of things you can do. First of all, you want to write in correspondent, put it in writing about the failure to provide.
In Missouri and Illinois, an employer has an obligation to pay you TTD or two-thirds of your average weekly wages after you’ve been off for three days. After that, you start getting TTD checks, and sometimes employers don’t do it. There are a lot of good employers and insurance companies out there. There are also bad ones, and sometimes they abuse the process, and they may say, “Hey, we’re not paying you because you weren’t really injured on the job,” or, “We think you can come back,” or, “We have light duty work for you,” or, “We’re going to pay you this amount of money,” and you only made a hundred bucks a week, and you’re like, “Are you kidding me? I got the payslips $500 a week,” but they’re paying you on a different amount, or they’re delaying the checks. There are a whole host of things.
What you need to do without a lawyer is you need to communicate to them, both orally and in writing, “Get me my check, here’s my address. Let me clear up any confusion. I never had this injury before. Let me sign an authorization, you can get it. You should have an injury report. I reported to my supervisor, Joe, and just because he didn’t report it to you, that’s not my fault.” But sometimes they’re going to completely deny your claim, and the lack of payment of a TTD check is the first indicia of that.
If that is true, you need to be able to finally claim for compensation with the Workers Compensation Division and start your claim right away. If they still continue to fight, to fail to pay you your TTD check, you need to file a hardship application to get them to provide that. If they’re not paying you your TTD, it is highly likely they are also not paying your medical. You need to file a hardship application, get a court order, and then order them to pay your medical care.
Remember in a workers compensation claim, you have one chance to recover under that claim. Comp is already cheap enough already, so make sure you’re vigilant for your rights. In a workers compensation claim, if this is happening, if they’re not paying you, either your medical or your TTD, you need to get a lawyer.
We don’t take a fee in anything we don’t pay you for. At Burger Law — I’m Gary Burger, my firm’s Burger Law — we charge 25% of the lump sum disability payment at the end of the case, so we often help get TTD checks, medical care, PPD, Permanent Partial Disability, Permanent Total Disability. We’ll get these interim benefits for you for free, but at the end of the case on the Permanent Total Disability, we take a 25% fee, which is the statutory fee, and we’re happy to answer your questions. Visit with you for free about whether you need a lawyer and whether what we can do for you. We’re not hard-sell people. If you don’t, we’ll tell you that. If you do, we’ll let you know.
My phone number to contact me in Illinois is 618-272-2222, in Missouri it’s 314-542-2222, and my toll-free number is 866-599-2222. I’m at firstname.lastname@example.org as well. Thank you.