Workers who have been injured on the job are entitled to proper workers’ compensation. However, some workers may run into issues collecting the benefits they’re entitled to. A California Workers’ Compensation Lawyer can help injured workers navigate the legal process of workers comp and ensure they gain access to their benefits as soon as possible.
When Do Temporary Disability Benefit Payments Begin?
Temporary disability (TD) benefit payments begin when your doctor says you can’t do your usual work for more than three days or you get hospitalized overnight. By law, payments must be made every two weeks. If a payment is missed, the insurance company must pay penalties to you. The late payment penalty is generally between 10% and 25%, depending on the benefit and the reason for the delay.
California Labor Code 4650 covers 10% penalties for overdue payments and California Labor Code 5814 specifies penalties of up to 25% for temporary disability payments that are unreasonably late. These laws provide penalties if the following temporary disability benefits are delayed:
- Medical treatment
- Settlement funds
- Mileage reimbursement
- Any other payment the insurance company is required to make
If an insurance company is late with a temporary or permanent disability payment and is in vilation of California labor code 4650, then they must pay the 10% penalty. For a California labor code 5814 violation, you would have to show how the payment was unreasonably late. An experienced workers’ compensation attorney can help you show unreasonably late payments and ensure you are fully compensated for your work-related injury.
Filing a Workers’ Compensation Claim
If you suffered a work-related injury or illness in California, it is vital to report the incident to your employer the moment you become aware of your injury. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation. Here are the recommended steps for filing a workers’ compensation claim:
- Request a Workers’ Compensation Claim Form (DWC 1) from your employer. They’re required to give you one or send it via mail within one working day after your injury is reported.
- Fill out the form listed above to request benefits from the workers’ compensation program at your workplace. Describe your illness or injury in great detail and fill out only the employee section of the form.
- Give the form back to your employer as soon as possible. Any delay in filing your workers’ compensation claim may have a negative impact on your claim.
Types of Worker’s Compensation Settlements
Worker’s compensation can be settled through a compromise and release, or a stipulation and award. The difference between these types of settlements can have a substantial impact on lawsuits, which is why it is important to consult with a worker’s compensation attorney before accepting one.
Under a compromise and release settlement, the insurer will offer you a lump sum of money to settle your lawsuit. This settlement can be accepted all at once or spread out over time in a structured settlement. This amount typically reflects your lost wages, ongoing treatment, and out-of-pocket expenses. Once this settlement is accepted, your worker’s compensation claim is closed.
While less common in worker’s compensation claims, a stipulation award is a settlement that creates an ongoing relationship between the injured victim and the insurer. The insurer agrees to continue to pay medical bills associated with the work-related accident while continuing to pay disability benefits caused by your impairment.
Contact a Workers’ Compensation Lawyer in California
If you are injured on the job, you will receive temporary disability benefits through workers’ compensation, even if you were at fault for causing the accident that led to your injury. To begin receiving workers’ compensation benefits you do not need a lawyer. However, an attorney will ensure you receive the maximum amount of benefits from your workers’ compensation claim. To discuss your claim with an attorney, contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our services and you will not be charged a dime unless we win your case.
