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Seasoned Sacramento Injury Attorneys

Can I Be Compensated if My Workers’ Compensation Benefits Are Late?


Once you settle a workers’ compensation claim, it is the responsibility of your employer’s insurance company to provide periodic payments of your benefits. The timeline of your benefits will depend on the details of your settlement. No matter how often you receive benefits, you are entitled to receive your compensation on schedule, every time. If your employer’s workers’ compensation insurance company fails to provide you with benefits on time or commits other violations of their responsibilities, you may be entitled to additional compensation as a penalty for their actions.

Penalties for Late Workers’ Compensation Benefits

If you do not receive your workers’ compensation benefits at the time you are supposed to, you can receive additional compensation. Penalties for late workers’ compensation payments are often added onto late checks as a percentage of the compensation you were supposed to receive initially. So, when you do receive your benefits, they will be greater than your typical payment amount. In California, late workers’ compensation benefit payments must include a 10% penalty. Your payment schedule and what is considered as a late payment will depend on the details of your agreement with your employer and the workers’ compensation insurance company.

Other Workers’ Compensation Penalties

Late payments are one of the most common reasons that workers’ compensation insurance companies are ordered to pay penalties to claimants. However, there are many different reasons that an insurance provider may be required to pay penalties.

An insurance company may have to pay penalties to a claimant if they deny their claim for an illegitimate or unjust reason. They may say that the worker’s claim was denied because it was filed late or because their injury was not work related, when in reality the company just did not want to pay a claim. These payments may be included as part of a settlement after the injured worker appeals the decision, or could be paid separately.

A claimant may also be provided punitive damages if their injuries were caused by employer misconduct. Typically, the workers’ compensation system excuses employers from liability. This changes if the employer’s actions were especially negligent and caused the employee to be injured.

The lawyers of Smolich and Smolich can represent you in your workers’ compensation case. We are dedicated to helping you get the full compensation you deserve.

If you are interested in speaking with our legal team, complete our contact form or call (916) 571-0400 for a free consultation.