While the law sets deadlines, potential delays can stretch a California workers’ compensation case past those deadlines.
Being hurt on the job is a challenge for anyone. While the workers’ compensation is a no-fault system that can assist employees in receiving medical coverage, benefits and compensation for their injuries and illnesses, it isn’t always a quick or easy process. In many cases, injured workers are rightfully curious about when their California workers’ compensation case will be finished. While the law sets a variety of deadlines for filing and investigating claims, there are a number of potential delays that could arise, stretching out the process considerably. Read on to learn more from an experienced California workers’ compensation attorney.
One of the earliest delays in a workers’ compensation case comes from the worker himself or herself. A case cannot move forward until it has actually been filed. An employee might wait to file a claim, or he or she may file the claim and the employer may not submit it to the claims administrator. To ensure that the process gets started, California workers’ compensation attorneys advise that injured workers file their claims as soon as possible after an injury.
Under California law, claims administrators have 90 days after the date of the claim form to investigate a claim of a workplace injury or illness. However, medical treatment must be authorized within one working day, and if temporary disability is caused by the injury, disability payments must be made within 14 days after knowledge of the injury. Similarly, if permanent disability results from the injury, payments should start within 14 days, unless the employer offers the employee a position that pays between 85 and 100 percent of the compensation that he or she received at the time of the injury.
There are a number of delays that can happen along the way in the workers’ compensation process. As any California workers’ compensation attorney can tell you, if a Qualified Medical Evaluator (QME) Panel must be scheduled or deposed, this can take considerable time (anywhere from 60 to 90 days for a panel, and up to 120 days for a deposition). A QME also has a certain amount of time to issue reports — 30 days for the initial report, and 60 days for a supplemental report.
Of course, these are just examples of some common issues that may arise in California that can make a workers’ compensation case take far longer than anticipated if a disability or injury is disputed. However, it’s important to know that a case can be resolved and a settlement can be achieved at any time. A seasoned California workers’ compensation attorney can help you understand the potential timeline and likelihood of a settlement in your case, based on the facts of your claim and the history of your employer and/or the insurance carrier in the case.
If you have been injured at work, you will need a California workers’ compensation attorney who understands the system and who will fight for your right to the benefits that you deserve. Contact PLBH today at (800) 435-7542 or info@plblaw.com to schedule a free initial consultation and learn how we can help you.