The Law Office of Kurt H King

December 28, 2011

Late Payment of Compensation Checks–Missouri Workers’ Compensation Claims

In some cases, a work comp insurance company drags its feet or refuses to pay the injured employee the “weekly” compensation checks for Temporay Disability due the employee while recovering from or receiving medical treatment for the injury.   This is extremely frustrating for the injured employee now trying to make ends meet on work comp which pays no more than 2/3 of the worker’s wages and even that amount is capped so that employees making good money do not receive the full 2/3 amount.

Missouri work comp law is not a big help.  Section 287.160 merely provides in subsection 3 that the payments are to be made as frequently as the employee was paid at the time of injury, but at least bi-weekly.   Unfortunately, the penalty for late payment is only 10% simple annual interest AFTER THE PAYMENT IS MORE THAN 30 DAYS LATE.

Too, in rare cases an unreasonable refusal to pay the compensation due results in an award of attorneys fees/costs to the employee.  Don’t hold your breath expecting one of these attorney fees awards.

Kurt H. King

Law Office of Kurt H. King, 20 E. Franklin, Liberty, Clay County, Missouri 64068

816.781.6000

www.kurthking.com

Missouri Workers’  Compensation, Personal Injury Law, Bankruptcy, Child Custody & Support, Divorce & Modification, Family Law

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