The Lifeline of Workers' Compensation
The vital role of workers' compensation cannot be overstated, especially for those who have suffered work-related injuries in California. It serves as a financial lifeline, balancing the strains that injuries can impose on a family. This article sheds light on a critical aspect of workers' compensation: the dilemma of delayed disability payments and the legal remedies available.
Timely Aid: The Rhythm of Disability Payments in California
Workers' compensation disability payments are generally paid bi-weekly in California, providing a regular financial support system for injured workers. The timely receipt of these payments is essential, as any delay can exacerbate financial hardships.
The First Hurdle: Navigating the 10% Penalty for Delayed Payments
Under California Labor Code § 4650, a 10% penalty is imposed whenever a disability payment is late. This penalty applies to initial payments not made within 14 days of the start or any subsequent payment not made two weeks after that. For example, a $1,000 temporary disability payment delay may entitle the injured worker to an additional $100 penalty.
Beyond the Ordinary Delay: The 25% Penalty for Unreasonable Holdups
In California, insurers can face a 25% penalty for unreasonable and especially long delays, as per California Labor Code § 5814. The maximum penalty for a violation is $10,000. What constitutes an unreasonable delay is interpreted on a case-by-case basis, but generally, rectifying an error within 90 days of receiving notice can spare the insurer from liability.
Your Legal Compass: Finding the Right Workers' Compensation Lawyer
An experienced workers' compensation lawyer can be a guiding hand, protecting the rights and interests of injured workers. If you have questions about delayed payments or underpayment of benefits, seeking legal support is essential. Understanding your rights and seeking appropriate legal remedies can make a significant difference in your financial recovery. If you're facing challenges with delayed workers' compensation payments, Napolin Accident Injury Lawyer is here to help. With extensive litigation experience in this area, we offer a free consultation and more. Call us at (866)-NAPOLIN and secure the legal assistance you need.
- Securing Your Rights After a Catastrophic Workplace Injury in California - February 26, 2024
- Handling Termination While Receiving Workers' Comp in California - February 26, 2024
- What to Do When Your Workers' Comp Lawyer Steps Down in California - February 26, 2024