Options When Workers’ Comp Checks Are Late/Not Full Amount
Most employees in the state of California have a right to workers’ compensation in the event of a workplace injury. Your insurance company is required not only to pay you but to do so in a timely manner. However, the San Diego personal injury attorneys at Liljegren Law Group have helped many clients who have experienced problems getting their payments. We understand that you depend on these payments to get you by until you can return to work. Some of you may depend on a claim for an extended period. It’s critical that payments arrive on time and consistently.
This article will discuss some of the things you need to understand about your right to workers’ compensation, specifically what happens when the payments are late and what you can do about it.
Getting My Benefits on Time
The most important thing you can do to guarantee you are compensated correctly is to report your injuries the right away. Your workers’ compensation claim form will be sent to you. Take the time to complete these forms carefully to make sure you don’t have to redo this step later. Mistakes here will slow down your payment schedule for weeks, maybe even months. It would also behoove you to follow up with your Division of Workers’ Compensation to check if they are missing any information.
Normal Payout Schedules
Once approved, you can receive your first payment within 14 days of employer notification. After that, you will get paid every two weeks. The start date for your first payment depends on accurate payout. It can be delayed a few days depending on how the deciding authority notified your employer.
What if My Workers Comp. Payment Is Late or Reduced?
If your payment does not arrive on time, the insurance company paying your compensation is required by law to automatically increase that payment’s amount by 10%. Mailed checks postmarked within the 14-day window meet the requirement and will not have the 10% penalty added on. Any delays on the part of the United States Postal Service also do not activate the penalty clause.
Our attorneys at Liljegren Law Group recommend saving your envelopes to keep track of postmark dates. Additionally, save all check stubs, and if you use mobile deposit, the checks themselves. Otherwise, make a copy of the check to save it or take a picture of the front and back. Keep all of these as a record of your payments in the event a delay or missed check happens and you need to file a claim against your company.
Further Penalties
If a court determines the delays on the benefit were unreasonable, the penalty can be increased to 25%. To qualify for an unreasonable delay, the payment must not arrive for a significant period past the due date, such as two weeks from the date you are supposed to be paid. It’s worth noting that if the insurance company realized a delay would happen and paid the 10% penalty in the check, it would only have to pay 15% if they are ordered to pay the increased delay penalty.
Increased Penalties
There are extenuating circumstances that can drastically increase the penalty added on to your payment. If you experienced discriminatory behavior against you when filing your workers’ compensation claim, a penalty of 50% is added to your benefit. For example, if your claim resulted in you being fired, your benefits would have this larger penalty added. Additionally, an injury stemming from willful acts of negligence (e.g., OSHA violations) would trigger the same penalty amount. It’s important to remember that workers’ compensation is “no fault.” Your recovery compensation remains in effect regardless of whose actions led to your injury.