A: If you are under an Award and the benefits check is more than 14 days late, you can file a claim with the Virginia Workers’ Compensation Commission for penalties for the late payments. If the Commission agrees, a penalty of 20% of the total of the payments that are late will be ordered. However, you have to be under an Award to receive the penalties. If you are not under an Award, then you need to ask the adjuster for an Award Agreement to try to get under an Award. Also, late means that it is more than 14 days past the date the check was due, not more than 14 days past when you usually receive it. For example, if you usually receive your check on a Wednesday and it’s now a few days past that day and still no check it isn’t necessarily late until 14 days past the date they last paid your through. If your last pay stub paid you through January 30th, your check will not be late until 14 days later-February 13th. If you’re under an Award and it’s past that late date, then you can file a claim for penalties with the Commission.
Also, penalties only apply to wage checks. If your mileage or reimbursement check is always late, then penalties will not apply.
If you are not under an Award, or, if you have questions about whether you are entitled to penalties, please call us.