If you have been injured in a workplace accident in California, you may have some…
California law requires insurance companies to pay penalties to injured workers when insurers make a late workers’ comp payment. Long story short, the penalty for an insurance company’s failure to make a payment in a timely manner is between 10 and 25 percent depending on the value of your claim and reason for the delay.
Our Los Angeles workplace injuries attorney from Koszdin, Fields, Sherry & Katz explains that you may be entitled to collect the 10-percent penalty for the late payment of:
If your employer’s insurance company, on the other hand, fails to make an overdue payment of any of the following, you may be entitled to a penalty of up to 25 percent:
Our experienced workplace injuries attorney in Los Angeles explains that regardless of what penalty you may be entitled to, the penalty is always calculated based on the amount that was overdue. If your employer’s insurer fails to make a workers’ comp temporary or permanent disability payment in a timely manner, the 10-percent penalty will apply automatically.
In order for the 25-percent penalty to apply, you will have to demonstrate proof that the overdue payment was late and the delay was unreasonable. “Why do these penalties exist in the first place?” you may be wondering. These penalties are imposed against insurance companies to discourage them from delaying workers’ comp payments as well as to ensure that the injured worker receives the benefits he or she deserves without having to suffer economic hardship from the lack of financial support.
If this sounds confusing, do not worry. Let our workplace injuries attorney Los Angeles explain. If your employer’s insurer fails to make a temporary or permanent disability payment in a timely manner, the total value of your payment will be increased by 10 percent.
In case you are wondering what constitutes a late workers’ comp payment, the payment is considered overdue and late if (1) an insurance company fails to make that payment within 14 days of the prespecified date of the payment, and (2) subsequent payments are not made every two weeks after the first late payment.
Fact: In California, both temporary and permanent disability are paid to injured workers every two weeks (14 days).
As mentioned earlier, if you want to collect a penalty of up to 25 percent for late workers’ comp checks, you will have to prove that the delay is “unreasonable.” Our Los Angeles workplace injuries attorney has outlined the factors that come into play when determining whether a delay is “unreasonable” or not:
As always, it is always a good idea to consult with a workers compensation attorney in Los Angeles, Van Nuys, or elsewhere in California to speak about your particular situation. Get a free consultation by contacting Koszdin, Fields, Sherry & Katz today. Call our offices at 818-812-5639 or 800-747-3447 today.