Delayed Workers’ Compensation Claim
Delayed Workers’ Compensation Claim
If you have received a delay notification for a workers’ compensation claim, you are not alone.
The U.S. Department of Labor reports that injured or ill employees in California filed over 14,000 workers’ comp claims in 2023. Approximately 7,000 of these claims were ultimately settled. 5700 claims are currently denied. 1300 claims are currently delayed. There is no record available. But, many of these claims that have settled or denied were once delayed.
Receiving a delay notification on workers’ comp benefits claim is irritating. But, delays occur as work injury claims are easily subject to complications. Yet, nothing should hinder anyone suffering from a work injury or illness. A complete and speedy recovery is only fair.
Helpful information and recommended actions that focus on your delayed claim is available here.
Table of Contents
Why Do Workers' Compensation Claims Get Delayed?
Workers’ comp claims are complicated. Various areas are or become difficult. In California, some of the most common explanations are:
Shortage of Qualified Medical Evaluators (QMEs)
The lack of QMEs delays timely medical evaluations to establish injury and benefits.
Insufficient information stalls the claim as complete documentation is required.
More investigation is needed if there is dispute about the claim or injury.
Medical Treatment Disputes
Disagreements over the necessity or appropriate care stalls the claim process.
Errors in paperwork or communication errors creates delay.
Workers’ comp insurance companies use delay tactics to cut claims. They do this to avoid paying.
Changing Regulations and Policies
Any policy change can create confusion and interrupt the claim.
Backlog of Claims
The workers’ comp board and insurance companies face work backlogs.
Your employer or their insurance company may need extra time in good faith to work on the claim. But, extended delay without notice can signal a need for answers.
If Your Workers' Comp Claim is Delayed, What Do You Do?
Take the following actions. They are the best steps to move forward and safeguard your claim.
Contact Your Employer
Speaking with your employer about the delay may prove beneficial. Ask why there’s been a hold-up.
Assemble All Documentation
Make sure all paperwork on your injury is correct and complete. Gather all medical records and accident reports. Collect any communication with your employer or their insurance company about your claim. Have this information ready.
Consult with a Work Injury Lawyer
Assistance is available through the services of a workers’ compensation attorney. Schedule an initial consultation for your delayed claim. They can help speed the process while facing any challenges. Seek the best lawyer for you and your case.
Thomas DeBenedetto is an experienced workers’ comp attorney in San Diego. Since 1992, his law firm has secured over 1 billion in benefits for injured workers.
Thomas DeBenedetto & Associates - Workers' Compensation Attorney
Over 1 Billion in Benefits Recovered on the Behalf of Our Clients
Over 30 Years of Experience in Workers’ Compensation Claim Rights for the Injured
Pay No Fees If We Don’t Win
Immediate Medical Treatment for Your Injuries
Maximum Settlement & Benefits for Your Case
Free Same Day Case Evaluations
Denied & Delayed Cases Accepted
Stress & Psychological Cases Accepted
Frequently Asked Questions on Delayed Workers' Compensation Claim
The most common reason for delay is establishing injury. More Qualified Medical Examiners need to be hired to speed up the claims process.
An employer or workers’ compensation insurance company has up to 90 days to complete an investigation.
If notice has not been given within almost 3 months, the claim is accepted. You are eligible for benefits. This is usually referred to as the 90-Day Rule.
You should have a claim with the Employment Development Department (EDD) opened. If you need to take action file for state disability insurance (SDI). Filing online is the quickest way to start. File to protect your claim now.
Appeal. Employees suffering work-related injuries can apply with the Workers’ Compensation Appeals Board (WCAB).
Schedule an initial consultation with a workers’ comp attorney to discuss your options.
Thomas DeBenedetto • Since 1992
We Never Make Promises
We Can’t Deliver
Call Us Now To Schedule a Free Initial Consultation
with an Experienced, Ethical & Caring Workers'
Compensation Attorney in San Diego.
Remember, You Have Rights, Don’t Be a Victim!
Satisfied Clients Are Our #1 Priority
Get Help Today
Applying for workers’ compensation benefits is not a straight forward process. Paperwork, backlog, errors, and disputes can stall your claim.
Seek experienced legal representation. Ensure that you receive all benefits from your work injury or illness. Schedule a free consultation with Thomas DeBenedetto & Associates on your delayed workers’ comp claim today.