
Q: Can my first California workers’ compensation temporary disability payment be delayed?
A:
Delays in receiving California workers compensation checks are common in California.
If the claims administrator “says” they are having difficulty determining whether your injury is covered by workers' compensation, they may delay your first California temporary total disability (called TTD) payment while investigating your claim. The delay is typically no more than 90 days. The claims administrator must send you a delay letter if there is a delay. It must explain why you won't receive payments, what additional information the claim administrator needs and when a decision will be made. If there are further delays, the claims administrator must send you additional delay letters.
What if I haven’t received a letter denying my claim? If the claims administrator doesn't send you a letter denying your claim within 90 days after you filed the claim form, your claim is considered accepted.
If you don’t receive a temporary total disability check immediately after you are injured, you need to file for State Disability. Or California SDI - State Disability Insurance. This isn’t welfare. Each week you have State Disability deducted from your check. Be sure to apply as soon as possible. You will need to have your doctor certify that you are unable to work.
California has some of the the lowest and most unfair workers compensation benefits in America. Because of this, you need to have your case reviewed to see if you have a viable third party work injury case.
A third-party work injury case is civil lawsuit where someone other than your employer is legally responsible for your injuries.
The Turley Law Firm understands that you have questions about your rights and safety, and are probably concerned what might happen to you and your family if you are seriously injured and can not return to your work. We are committed to fighting to get you the justice you deserve, and maybe help you regain your peace of mind in the process. Contact The Turley Law Firm today to discuss your case with a California third-party work injury attorney.
The Turley Law Firm, APLC
625 Broadway, Suite 625
San Diego, CA 92101
Phone: 619-234-2833
Fax: 619-234-4048
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