How long could you go without a paycheck? For most of us, it would not be more than a week or two. The Indiana Worker’s Compensation Act has long provided deadlines for the payment of temporary total disability (TTD) compensation. But, the Act has not required that payments of permanent partial impairment (PPI) compensation, Awards or settlements be made within a certain time. It is likely that deadlines for such payments will be legislatively established in 2018, as follows:
- PPI – Within 30 days of the date, the Form 1043 Agreement for PPI was approved.
- Awards – Within 30 days of the date of the Award or as the Award otherwise provides.
- Settlements – Within 30 days of the date the settlement agreement was approved.
Regarding the payment of temporary total disability compensation, the Indiana Worker’s Compensation Act requires:
- The first payment of TTD compensation is due at the end of the second week of TTD and is payable within 14 days thereafter.
- Subsequent payments of TTD compensation are payable weekly following the first payment.
- Compensation for the first week of TTD is due and payable after the 21st day of disability.
These TTD payment dates assume that a Form 48557 Notice of Inability to Determine Liability/ Request for Additional Time has not been filed.
The late payment of TTD compensation is subject to the assessment of a civil penalty. It is likely that a similar penalty will be legislatively added for the failure to timely pay PPI compensation, Awards, and settlements. Of course, where there is no doubt about the obligation to pay a statutory benefit, sooner is always better!