What Can I Do to Make Sure I Get My Benefits on Time?
The first thing you should do is report your injury to your employer as soon as possible in order to begin a workers’ compensation claim. When you receive your claim form, is important that you fill out all documents very carefully. If you forget to include medical records or make a mistake on one of your forms, your benefits may be delayed weeks or even months before you correct the error.
You should also follow up regularly with the Division of Workers' Compensation (DWC) to see if it needs any more information form you to process your claim.
How Long Does it Take to Get Workers’ Compensation?
If your claim is approved, you should receive your first compensation check within 14 days after your employer was notified of your injury.
Your temporary compensation payments should continue every two weeks from the date of the first check.
If you do not receive your benefits promptly, you are entitled to a 10 percent increase on any delayed payments. While the insurance company is required to do this automatically, you should make the request in writing with a proof of service to ensure you are paid for the delay.
Making a California Workers' Compensation Claim
You have to make sure that you have actually made a worker's compensation claim.
The first step is to file a claim form in order for you to protect your rights. This also starts the workers' compensation process. This is called a DWC-1.
Your employer should fill out the "employer" section on the form. You should keep a copy for your records.
What Can I Do If My Weekly Payment Is Late?
If your benefits are delayed, interrupted, or terminated while you are still recovering, you should contact DWC to find out why. There are many reasons your benefits may not have arrived, and each one will require specific action. For instance, if your company has refused to pay for certain needed medical treatment, you will likely need help proving why the treatment is necessary. In many cases, beneficiaries will have to appear in front of a judge to resolve the dispute.
It is important that you seek advice from a competent work injury attorney before you take on the workers’ compensation system Someone who knows how to gather the right medical evidence to document your claim, and can stand by your side when you appear at your hearing.
How can I get workers' compensation medical treatment quickly?
Within one day of you filing your DWC-1 claim form, your employer must authorize appropriate medical treatment.
What if I can't work and I am not getting a weekly disability check from Workers's Comp?
I realize that this is a big problem. If you're injured and you can't work - you need to be receiving a workers compensation check. This is called a temporary total disability check. When you're not getting a weekly workers compensation check (actually temporary workers' compensation benefits are paid every two weeks) and you can't work - you don't need me to tell you that you're in a tough spot.
Whatever you, don't make matters worse by filing for unemployment. Read on.
Unemployment benefits or State Disability?
If you are unable to work (do your usual job) - do not apply for Unemployment benefits. You need to apply for State Disability (EDD) benefits.
workers' legislation at the California State Senate
and the California Assembly?
Believe it or not, Bill is known for being a no B.S. straight-up lawyer. Besides being known as one of the leading experts on this area of the law in California, one of the reasons why Bill is asked to testify at California legislature hearings is because he is known for being straight-forward and blunt. He is known for being no B.S., with no lawyer-talk, no double-talk.
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These discussions and/or examples are not legal advice. All legal situations are different. These testimonials, endorsements, photos and/or discussions do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, or your particular case/ situation. Every case is different. There are any number of reasons why legal cases are not successful. Every case is different.