WC wants money back????

[dj75]

This is kinda weird to me, and confusing. Hope someone can help. I've been recieving temp benifits for 1 1/2 yrs. now and they are trying to say that they made a mistake and have been over paying me by about $55 a week. They just brought this up to me in the last few weeks and have already reduced my weekly pay. I am expected to return to work in about a week and WC is saying that they are going to collect the over payed amount from me. Not sure how, but thats what I was told. Just guessing, but that is around 4 grand that they want from me and I don't have. Can they do this even though it was their mistake or clerical error or whatever they want to call it? Any help would be gratefull, Thanks

[stiffnecked]

Yes, they have the right to collect overpayments.

[Timothy Belt]

It depends on the state and the reason for the overpayment.

[dj75]

Timothy Belt Wrote:It depends on the state and the reason for the overpayment.

I'm in Tx, and the reason for overpayment according to them is they failed to get a 14 week average pay from my employer. Only took them a 1 1/2 to figure this out, seems messed up to me.

[1171]

if there will be IIBs caselaw might allow them to deduct the overpayment.

[lfoster21]

The exact thing happened to me, in VA, and I did have to pay it back. However, since I was going to be out for a while, they agreed to take half of my w/c checks, until the 8,000.00 was paid back. Originally, they wanted to take 100% of my checks, just in case I went back to work sooner, but my lawyer convinced them that I wasn't going anywhere in the near future. In my case, they said that my original case worker figured the amount out wrong and for 2 years, it was never figured out. When that worker left the co. and I got a new worker, they figured it out.

My lawyer said that even she had not picked up on this mistake and if she did not know about it, there is no way that I could have known about it, but it still needed to be paid back. The only break I got, was that since she felt partially responsible for the problem, she waived a 700.00 bill that I was going to owe her. But that was only because I had her for my lawyer. Otherwise, it goes back.

I am sorry for this situation...I know how frustrating it is, when you had nothing to do with the error. I wish you the very best of luck with this.

[stiffnecked]

I got hit with the overpayment a couple of years ago. By law in my state the IC could only recoup up to 25% of the payment out of each weekly benefit check. Then a year later the state audited my account and the IC had to pay it all back to me plus penalties and interest.

[dj75]

stiffnecked Wrote:I got hit with the overpayment a couple of years ago. By law in my state the IC could only recoup up to 25% of the payment out of each weekly benefit check. Then a year later the state audited my account and the IC had to pay it all back to me plus penalties and interest.

Thanks to all for your help. Still ticks me off that they are going to do this to me. Not even sure if I'll get any benifits that they can deduct from. Oh well....LOL. Thanks for the help yall.