Attorney Esequiel Solorio is a certified specialist in workers’ compensation law as certified by The State Bar of California Board of Legal Specialization.

How long does it take to get paid from workers’ comp?

On Behalf of | Aug 23, 2024 | workers' compensation

Navigating the workers’ compensation process can be stressful. Especially when you’re waiting to receive the benefits you’re entitled to after a workplace injury. The timeline for getting paid through workers’ comp depends on several factors.

Filing your workers’ compensation claim

The first step in receiving workers’ comp benefits is filing a claim. You should notify your employer of your injury as soon as possible. In an ideal world, this would be within 30 days. Once you’ve reported your injury, your employer must provide you with a claim form (DWC-1) within one working day. After you submit the completed form, your employer has five days to send it to the insurance company.

Initial payment timeline

Once the insurance company receives your claim, they have 14 days to decide whether to accept or deny it. If they accept your claim, you should start receiving temporary disability payments if you’re unable to work. This usually happens within 14 days of the claim’s acceptance. These payments continue every two weeks as long as your doctor verifies that you’re unable to return to work.

Delays in receiving benefits

Sometimes, delays can occur in the workers’ comp process. These delays might happen if the insurance company needs more information to make a decision. It can also happen if there are disputes about the extent of your injury or the benefits you should receive. In such cases, the insurance company must provide you with a reason for the delay and an estimated timeline.

Permanent disability and settlements

If your injury leads to a permanent disability, the process can take longer. It takes your doctor to determine that you’ve reached maximum medical improvement (MMI). Only after this can the insurance company evaluate your level of permanent disability and calculate your benefits. Depending on the complexity of your case, this process can take several weeks or even months.

Getting through the process

Understanding the workers’ comp timeline helps manage your expectations and reduces stress while you wait for benefits. Staying informed and in communication with your employer and insurance company can help ensure a smoother process.

Categories

Archives