Has Your CA Workers’ Comp Claim Been Delayed?
Contact an Experienced Workers’ Comp Lawyer in Santa Ana – (714) 500-8661
Have you received a notice of delay of your worker's comp claim? The last thing you need after being injured in a workplace accident is to learn that payment of your workers’ compensation benefits will be delayed. Employers or their claims adjusters may sometimes send claimants a “Notice of Delay in Determining Liability for Workers’ Compensation Benefits” declaring that they wish to investigate a claim further before authorizing official approval or denial. While some delays are triggered for good faith reasons, others may sometimes be an employer’s or insurance company’s attempt to dishonestly shirk financial liability for a worker’s injuries.
If your workers’ comp claim has been delayed or denied, our Santa Ana workers’ compensation lawyers can protect your rights and help ensure you receive every penny’s worth of your entitled benefits. Having been helping injured workers for more than 50 years, our knowledgeable worker's compensation attorneys can walk you through the associated legal process and maximize your chances of securing the results you need.
Get in touch with our firm online today to review your legal options.
How Long Will My Claim Be Delayed?
If an employer or insurance company has a good faith reason for the delay, they will be given a period of 90 days after serving a claimant with a Notice of Delay to conduct an investigation. During this time, the employer must authorize all medical treatments for the injury during the delay period up to a limit of $10,000. If the employer does not reject a claim within this 90 day period, the claim is presumed to be accepted and benefits must then be paid.
Under the California Labor Code, employers who unreasonably delay or refuse to pay a claim are required to pay an additional 25% of the value of the delayed claim or an additional $10,000, whichever is less. Likewise, if a disability payment is late, whether it be for temporary disability or permanent disability, an automatic 10% increase is applied to the amount without the need to determine if the delay was unreasonable.