Show me the money!

For example, the obvious headache is if a check is being requested for the payment of the judgment. If that check is not received within 30 days of the signing of the judgment, then you could subject the employer to a penalty of $100.00 per day up to $3,000.00 or up to 24% of the value of the judgment, whichever is greater. If a request is made for costs or a bond to seek an appeal, we can lose that right to appeal, if those are not paid within the assigned deadline. If we obtain a Second Medical Opinion or an Independent Medical Examination physician has been appointed, their fee check must be received by the due dates required by the physicians. Late payment could see you incur an additional fee for late payment of the original fee, or you could lose the previously arranged examination date.

There are often situations in which late payment could incur a penalty. For example, situations often arise in which indemnity is paid late. Whether it is a reserve issue, or you just missed authorization of the payment, that indemnity payment is technically late, and there is a possibility that you may be late enough that you are in a penalty window at $50.00 per day up to a maximum of $2,000.00. Just like you, most plaintiff’s attorneys are fairly busy, and so the first email we get regarding a late indemnity payment is somewhat akin to a grace period. If we can immediately get that indemnity issue resolved, then it may not become a penalty issue, or it may be deferred to a future trial. Admittedly, some will still want the penalty paid right there, but those attorneys are becoming the exception. Another common example is paying mileage or reimbursement of out-of-pocket expenses. It is common to put it on a list of things to handle and payments to request later, but it does not tend to come with that same since of immediacy born of an attorney screaming for payment. Well, that is until you get a 1008 for penalties associated with the late or failure to pay.

All this is to say that within the hundred or so emails that you receive in a day, there are often emails requiring you to issue a check that can come with scary penalties or the loss of certain rights by the late issuance of the check. And while it is easy to put it aside for a later, that only increases the risk of it being forgotten if another fire arises in the meantime. Either make it a habit to issue these checks immediately upon request or set aside a specific time during each day to issue the requested payments sought. This will help you avoid the headaches mentioned above.