Where Is My Disability Check?
“The check is in the mail.” How many times have you heard something like this before? When it comes to your regular workers’ compensation temporary disability indemnity benefits check, however, if this is what you’re hearing from an insurance administrator it’s not going to be a comforting response.
Wage Replacement Indemnity Benefits
Injured workers in the State of California who are pursuing their rights under the Labor Code are owed their wage replacement indemnity benefits at least 14 days after the employer is made aware of the injury and the disabling condition. In other words, if your employer knows of your injury and the doctor has outlined a need to be either out of work or restrictions that cannot be accommodated, you are owed temporary disability benefits in 2 weeks. These benefits are to be paid every 14 days so long as the injured worker’s treating doctor continues to report that you cannot return to work or has outlined work restrictions the employer cannot accommodate.
Temporary Disability Benefits
Also, these benefits should be paid pursuant to a notice of temporary disability benefits sent to you from the insurance administrator advising how your disability rate was calculated and when you should receive your checks.
Not Receiving Your Workers’ Comp Benefits Regularly?
If you are not receiving your workers’ compensation benefits regularly - meaning every 14 days without disruption - you have rights. An insurance administrator is liable for penalties up to 25% of the amount owed to you just because they issue a late payment.
Not Being Paid At The Correct Rate?
If you believe your temporary disability benefits are being paid at an incorrect rate you have the right to fight this. Oftentimes, insurance carriers pay indemnity to injured workers at the incorrect rate. An insurance administrator can also be liable for penalties for failing to pay benefits at the correct rate.
We Will Help You Dispute The Appropriate Disability Payment Rate
When you are out of work due to an injury and relying on wage replacement indemnity checks to pay bills and feed your family, we know how frustrating it can be to try and get a live claims representative on the line or to respond via email to discuss issues relating to temporary disability. We can help! Reach out to Gerald Brody and Matthew Russell, experienced workers’ compensation attorneys who can manage these issues on your behalf, investigate the cause of any delay with your check, dispute the appropriate disability payment rate, obtain penalties and even get the problem in front of a judge so that you can receive the money you’re entitled to.
The Law Office of Gerald D. Brody & Associates is located in San Diego, CA. We look forward to speaking with you. Please call for a free consultation at (619) 528-9800.
